the application for the writ was made, or the city attorney
of a city which is situated in the county in which the application for the writ
was made, or the attorney general in behalf of the state, may appeal to the
supreme court from the order of the district judge [granting
the writ and discharging the applicant; but the appeal must be taken within 15
days from the day]within 30 days after
the date of service of notice of the entry
of the order.

5. Whenever an appeal is taken from an
order of the district court discharging a petitioner or
committing him to the custody of another person after granting a
pretrial petition for habeas corpus based on alleged want of probable cause, or
otherwise challenging the courts right or jurisdiction to proceed to trial of
a criminal charge, the clerk of the district court shall forthwith certify and
transmit to the supreme court of Nevada, as the record on appeal, the original
papers on which the petition was heard in the district court and, if either the
appellant or respondent demands it, a transcript of any evidentiary proceedings
had in the district court. The district court shall require its court reporter
to expedite the preparation of the transcript in preference to any request for
a transcript in any civil matter. When the appeal is docketed in the supreme
court of Nevada, it stands submitted without further briefs or oral argument,
unless the supreme court otherwise orders.

6. Any procedure provided by law for a
change of judge in a civil proceeding before any court of this state, except
the supreme court, applies to the proceedings set forth in this section.

Sec. 16. NRS 34.390 is
hereby amended to read as follows:

34.390 Any judge empowered to grant a
writ of habeas corpus applied for under this chapter, if it appear that the
writ ought to issue, shall grant the [same]writ without delay [.], except as otherwise provided in sections 2 to 12.5,
inclusive, of this act. A writ of habeas corpus does not entitle a petitioner
to be discharged from the custody or restraint under which he is held. The writ
requires only the production of the petitioner to determine the legality of his
custody or restraint.

Sec. 17. NRS 34.400 is
hereby amended to read as follows:

34.400 The writ [shall]must be directed to the [officer
or party having the] person who has the
petitioner in custody or under restraint, commanding him to have the
body of the [person, so imprisoned or detained as
it is alleged by the petition, before the judge, at such time as the judge
shall direct, specifying in the writ the place where the petition will be
heard, to do and receive what shall then and there be considered concerning
such person, together with the time and cause of his detention, and have then
and there the writ.]petitioner produced
before the district court or supreme court at a time which the judge or justice
directs.

Sec. 18. NRS 34.430 is
hereby amended to read as follows:

34.430 [The
party upon whom the writ shall be duly served shall state in his return plainly
and unequivocally:

1. Whether he]

1. Within the
period specified in an order by the district court or supreme court pursuant to section 3 of this act, the respondent
shall serve upon the petitioner and file with the court a return and an answer
which must respond to the allegations of the petition.

supreme court pursuant to section 3
of this act, the respondent shall serve upon the petitioner and file with the
court a return and an answer which must respond to the allegations of the
petition.

2. The return must
state plainly and unequivocally whether the respondent has or has not
the party in custody, or under his power or restraint.

[2. If he]If the respondent has the [party]petitioner in his custody or power, or under his
restraint, he shall state the authority and cause of such imprisonment or
restraint, setting forth [the same at large.]with specificity the basis for custody.

3. If the [party
be]petitioner is detained by
virtue of any judgment,writ, warrant or any other
written authority, a certified or exemplified copy
[thereof shall]must be annexed to the return . [, and the original shall be produced and exhibited to
the judge on the hearing of such return.]

4. If the [officer
or person upon whom the writ shall have been served shall have had the party]respondent has the petitioner in his power or
custody [,] or under his restraint [, any time prior or subsequent to]before or after the date of the writ of habeas corpus,
but [such officer or person] has
transferred [such] custody or
restraint to another, the return [shall]must state particularly to whom, at what time and
place, for what cause, and by what authority [such]the transfer took place.

5. The return must be signed by the [person making the same, and, except when such person
shall be a sworn public officer and shall make such return in his official
capacity, it shall be verified by his oath or affirmation.]respondent and, unless the respondent is a sworn public
officer who makes the return in his official capacity, verified under oath or
affirmation.

Sec. 19. NRS 34.470 is
hereby amended to read as follows:

34.470 1. The [party]petitioner
brought before the judge on the return of the writ may deny or
controvert any of the material facts or matters set forth in the return [, or except to]or
answer, deny the sufficiency thereof, or allege any fact to show either
that his imprisonment or detention is unlawful or that he is entitled to his
discharge.

2. The judge shall thereupon proceed in a
summary way to hear such allegation and proof as may be produced against in favor of such imprisonment or detention, [or in favor of the same,] and to dispose
of [such party as the justice of] the
case as justice may require.

3. The judge [shall
have full power and authority to require and]may compel the attendance of witnesses by process of
subpena and attachment and [to do and]
perform all other acts [and things]
necessary to a full and fair hearing and determination of the case.

Sec. 20. NRS 34.500 is
hereby amended to read as follows:

34.500 If it appears on the return of the
writ of habeas corpus that the [prisoner]petitioner is in custody by virtue of process
from any court of this state, or judge or officer thereof, [such prisoner]the
petitioner may be discharged [,]
in any one of the following cases:

1. When the jurisdiction of [such]the court
or officer has been exceeded.

2. When the imprisonment was at first
lawful, yet by some act, omission or event, which has taken place afterwards,
the [party]petitioner
has become entitled to be discharged.

3. When the process is defective in some
matter of substance required by law, rendering [such
process]it void.

4. When the process, though proper in
form, has been issued in a case not allowed by law.

5. When the person having the custody of
the [prisoner]petitioner is not the person allowed by law to detain
him.

6. Where the process is not authorized by
any judgment, order or decree of any court, nor by any provision of law.

7. Where [a
party]the petitioner has been
committed or indicted on a criminal charge, including a misdemeanor, except
misdemeanor violations of chapter 484 of NRS or any ordinance adopted by a city
or county to regulate traffic, without reasonable or probable cause.

8. Where [a
party]the petitioner has been
committed or indicted on any criminal charge under a statute or ordinance that
is unconstitutional, or if constitutional on its face is unconstitutional in
its application.

9. Where the court
finds that there has been a specific denial of the petitioners constitutional
rights with respect to his conviction or sentence in a criminal case.

Sec. 21. NRS 353.264 is
hereby amended to read as follows:

353.264 1. The reserve for
statutory contingency fund is hereby created as a trust fund.

2. The state board of examiners shall
administer the reserve for statutory contingency fund, and the money in the
fund may be expended only for:

but the claims must be approved for the respective purposes
listed in this paragraph only when the money otherwise appropriated for those
purposes has been exhausted; and

(c) The payment of claims which are obligations
of the state under NRS 41.0349 and 41.037, but only to the extent that the
money in the trust fund for insurance premiums is insufficient to pay the claims.

Sec. 23. Section 21 of this
act becomes effective at 12:02 a.m. on July 1, 1985.

________

CHAPTER 436, AB 182

Assembly Bill No.
182Committee on Government Affairs

CHAPTER 436

AN ACT relating to the licensing of
occupations; authorizing the regulatory boards in each county to administer
oaths, pay witnesses and appoint hearing officers; establishing qualifications
for those hearing officers; and providing other matters properly relating
thereto.

[Approved June 2, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 244 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. The chairman or
clerk of the board of county commissioners to enforce NRS 244.335 to 244.340,
inclusive, the chairman or clerk of the license board of the county to enforce
NRS 244.345 and 244.347, and the chairman or clerk of the liquor board of the
county to enforce NRS 244.350, 244.3501 and 244.351 may:

(a) Administer oaths and
require testimony under oath;

(b) Pay witnesses a
reasonable allowance for travel and subsistence; and

(c) Appoint hearing
officers who may administer oaths and receive testimony given under oath.

2. Each hearing
officer appointed pursuant to paragraph (c) of subsection 1 must be a resident
of this state who is a graduate of:

(a) An accredited law
school; or

(b) An accredited, 4-year
college and has at least 5 years experience in public administration,

and who has completed a course of
instruction in administrative law, relating to the provisions of this chapter,
offered by the office of the district attorney for the county. This course must
consist of at least 4 hours of instruction in a classroom.

3. Any notice
given by the board must be served in the manner required for civil actions.

________

κ1985
Statutes of Nevada, Page 1239κ

CHAPTER 437, AB 609

Assembly Bill No.
609Committee on Commerce

CHAPTER 437

AN ACT relating to the state fire marshal;
authorizing him to charge fees to recover the cost of the services he provides;
and providing other matters properly relating thereto.

[Approved June 2, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 477 of
NRS is hereby amended by adding thereto a new section to read as follows:

The state fire marshal shall by
regulation adopt a schedule of fees for the services and regulatory activities
performed by the state fire marshal division pursuant to the provisions of this
chapter. The fees must approximate the cost of those services and activities.

________

CHAPTER 438, AB 695

Assembly Bill No.
695Assemblyman Stone (by request)

CHAPTER 438

AN ACT relating to forfeiture; adding
equipment used to cheat in gambling; and providing other matters properly
relating thereto.

[Approved June 2, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 179.121 is
hereby amended to read as follows:

179.121 1. All personal
property, including any tool, substance, weapon, machine, money or security,
which is used as an instrumentality in the commission of or attempted
commission of the crime of murder, robbery, kidnaping, burglary, grand larceny
or pandering or of a violation of NRS 465.070 to
465.085, inclusive, is subject to forfeiture.

2. Except as otherwise provided for
conveyances forfeitable pursuant to NRS 453.301, all conveyances, including
aircraft, vehicles or vessels, which are used or intended for use during the
commission of a felony or a violation of NRS 465.070 to
465.085, inclusive, are subject to forfeiture except that:

(a) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier is subject to
forfeiture under this section unless it appears that the owner or other person
in charge of the conveyance is a consenting party or privy to the felony [;]or such
violation;

(b) No conveyance is subject to forfeiture under
this section by reason of any act or omission established by the owner thereof
to have been committed or omitted without his knowledge or consent; and

(c) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest of the secured party if
he neither had knowledge of nor consented to the felony. If a conveyance is
forfeited the appropriate law enforcement agency may pay off the existing
balance and retain the conveyance for official use.

No person, other than the holder of a community property
interest, whose name or interest does not appear on the certificate of
registration or title for the conveyance is a proper party to any forfeiture
proceeding pursuant to this subsection 1.

Sec. 2. This act becomes
effective at 12:01 a.m. on July 1, 1985.

________

CHAPTER 439, AB 588

Assembly Bill No.
588Committee on Government Affairs

CHAPTER 439

AN ACT relating to local governments;
authorizing those governments to replace economic competition in certain areas
of public services with regulated anticompetitive services; and providing other
matters properly relating thereto.

[Approved June 2, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 244.187 is
hereby amended to read as follows:

244.187 [1. Any
board of county commissioners may grant exclusive franchises to operate any of
the following services outside the limits of incorporated cities within the
county:

(a) Garbage and disposal.

(b) Fire protection and
suppression.

(c) Ambulance service to
pick up patients outside the limits of such incorporated cities.

2. Nothing in
paragraph (c) of subsection 1 shall prevent any ambulance service from
transporting patients from any county in which it is franchised to another
county.

3. The board of
county commissioners may, by ordinance, regulate such services and fix fees or
rates to be charged by the franchiseholder.

4. A notice of the
intention to grant any franchise shall be published once in a newspaper of
general circulation in the county, and the franchise may not be granted until
30 days after such publication. The board of county commissioners shall give
full consideration to any application or bid to supply such services, if
received prior to the expiration of such 30-day period, and shall grant the
franchise on terms most advantageous to the county and the persons to be
served.

5. The provisions
of chapter 709 of NRS shall not apply to any franchise granted under the
provisions of this section.

6. Nothing in this
section shall be construed to prevent any individual, partnership, corporation
or association from hauling his or its own garbage
subject to the regulations of the board of county commissioners promulgated
under the provisions of this section.]

garbage subject to the regulations of
the board of county commissioners promulgated under the provisions of this
section.]A board of county commissioners
may, to provide adequate, economical and efficient services to the inhabitants
of the county and to promote the general welfare of those inhabitants, displace
or limit competition in any of the following areas:

1. Ambulance
service.

2. Taxicabs and
other public transportation, unless regulated in that county by an agency of
the state.

3. Collection and
disposal of garbage and other waste.

4. Operations at
an airport, including but not limited to the leasing of motor vehicles and the
licensing of concession stands, but excluding police protection and fire
protection.

5. Water and sewage
treatment, unless regulated in that county by an agency of the state.

6. Concessions on,
over or under property owned or leased by the county.

7. Operation of
landfills.

Sec. 2. Chapter 244 of NRS
is hereby amended by adding thereto a new section to read as follows:

A board of county commissioners
may, outside the boundaries of incorporated cities:

1. Provide those
services on an exclusive basis or, by ordinance, adopt a regulatory scheme for
controlling the provision of those services or controlling development in those
areas on an exclusive basis; or

2. Grant an
exclusive franchise to any person to provide those services,

but in either case a person may
dispose of his own garbage and other waste.

Sec. 3. NRS 266.295 is
hereby amended to read as follows:

266.295 The city council may:

1. License, regulate or prohibit the
location, construction or laying of tracks of any railroad [or streetcar] in any public right of
way.

2. Grant franchises to any person or
corporation to operate a railroad [or streetcar]
upon public rights of way and adjacent property.

3. Declare a nuisance and take up and
remove, or cause to be taken up and removed, the tracks of any railway which
have been laid upon, in, along, through or across any of the streets, alleys,
avenues or public places of the city and which have not been operated with cars
for public use for [a period of] 1
year after the laying thereof.

4. Subject to the provisions of NRS
704.300, condemn rights of way for any public purpose across any railroad right
of way.

5. Prescribe the length of time any
public right of way may be obstructed by trains standing thereon.

6. Require railroad companies to fence
their tracks and to construct cattle guards and crossings and to keep them in
repair.

7. Require railroad companies to provide
protection against injury to persons or property.

8. Compel railroad companies to raise or
lower their tracks to conform to any grade established by the city, so that
tracks may be crossed at any place on any street, alley or avenue.

9. Compel railroad companies to provide
that drainage from property adjacent to their tracks not be impaired.

Sec. 4. NRS 268.081 is
hereby amended to read as follows:

268.081 [An
incorporated city may provide by lease, contract or franchise any of the
following services which by charter or general law can be performed by the city
itself within the corporate limits of the city:

1. Ambulance
services.

2. Computer
services.

3. Fire protection
and suppression services.

4. Garbage and disposal
services.

5. Police
protection and watchman services.

6. Search and
rescue services.

7. Specific city
inspection services.

8. Any other
service demanded by the inhabitants of the city which is within the power of
the city by charter or law to provide.]The
governing body of an incorporated city may, to provide adequate, economical and
efficient services to the inhabitants of the city and to promote the general
welfare of those inhabitants, displace or limit competition in any of the
following areas:

1. Ambulance
service.

2. Taxicabs and
other public transportation, unless regulated in that city by an agency of the
state.

3. Collection and
disposal of garbage and other waste.

4. Operations at
an airport, including but not limited to the leasing of motor vehicles and the
licensing of concession stands, but excluding police protection and fire
protection.

5. Water and
sewage treatment, unless regulated in that city by an agency of the state.

6. Concessions on,
over or under property owned or leased by the city.

7. Operation of
landfills.

8. Search and
rescue.

9. Inspection
required by any city ordinance otherwise authorized by law.

10. Any other
service demanded by the inhabitants of the city which the city itself is
otherwise authorized by law to provide.

Sec. 5. Chapter 268 of NRS
is hereby amended by adding thereto a new section to read as follows:

The governing body of an
incorporated city may:

1. Provide those
services on an exclusive basis or, by ordinance, adopt a regulatory scheme for
providing those services or controlling development on an exclusive basis
within the boundaries of the city; or

2. Grant an
exclusive franchise to any person to provide those services within the
boundaries of the city.

Sec. 6. Chapter 269 of NRS
is hereby amended by adding thereto the provisions set forth as sections 7 and
8 of this act.

Sec. 7. A town board or board of county commissioners may, to provide
adequate, economical and efficient services to the inhabitants of the town and
to promote the general welfare of those inhabitants, displace or limit
competition in any of the following areas:

1. Ambulance
service.

2. Taxicabs and
other public transportation, unless regulated in that town by an agency of the
state.

3. Collection and
disposal of garbage and other waste.

4. Operations at
an airport, including but not limited to the leasing of motor vehicles and the
licensing of concession stands, but excluding police protection and fire protection.

5. Water and
sewage treatment, unless regulated in that town by an agency of the state.

6. Concessions on,
over or under property owned or leased by the town.

7. Operation of
landfills.

Sec. 8. A town board or board of county commissioners may:

1. Provide those
services on an exclusive basis or, by ordinance, adopt a regulatory scheme for
providing those services or controlling development on an exclusive basis
within the boundaries of the town; or

2. Grant an
exclusive franchise to any person to provide those services within the
boundaries of the town.

Sec. 9. The following
sections are hereby repealed:

1. NRS 496.095

2. Section 7.040 of the charter of the
City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 618.

3. Section 2.285 of the charter of Carson
City, being chapter 690, Statutes of Nevada 1979, as last amended by chapter
313, Statutes of Nevada 1983, at page 756.

4. Section 7.040 of the charter of Carson
City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter
313, Statutes of Nevada 1983, at page 758.

5. Section 7.030 of the charter of the
City of Elko, being chapter 276, Statutes of Nevada 1971, at page 491.

6. Section 7.040 of the charter of the
City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 400.

7. Section 7.050 of the charter of the
City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 419.

8. Section 2.340 of the charter of the
City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1405.

9. Section 7.050 of the charter of the
City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page
1226.

10. Section 7.040 of the charter of the
City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1981.

11. Section 7.040 of the charter of the
City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 739.

12. Section 7.040 of the charter of the
City of Wells, being chapter 275, Statutes of Nevada 1971, at page 472.

13. Section 7.040 of the charter of the
City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 915.

Sec. 10. This act becomes
effective upon passage and approval.

________

CHAPTER 440, AB 703

Assembly Bill No. 703Committee
on Taxation

CHAPTER 440

AN ACT relating to the casino
entertainment tax; exempting certain gratuities, service charges and
entertainment; and providing other matters properly relating thereto.

[Approved June 2, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463.401 is
hereby amended to read as follows:

463.401 1. In addition to
any other license fees and taxes imposed by this chapter, a casino
entertainment tax equivalent to 10 percent of all amounts paid for admission,
food, refreshments and merchandise is hereby levied, except as provided in
subsection 2, upon each licensed gaming establishment in this state where music
and dancing privileges or any other entertainment, except instrumental or
mechanical music alone or music by musicians who move constantly through the
audience whether the music is vocal or instrumental or both, is provided to the
patrons in connection with the serving or selling of food or refreshments, or
the selling of any merchandise. Amounts paid for
gratuities directly or indirectly remitted to employees of the licensee or for
service charges collected and retained by persons other than the licensee are
not taxable pursuant to this section.

2. A licensed gaming establishment is not
subject to tax [under]pursuant to this section if :

(a) The establishment is licensed for less than
51 slot machines, less than six games, or any combination of slot machines and
games within [such]those respective limits;

(b) The entertainment is a charitable or
nonprofit benefit, an exhibition in a museum, a sporting event, a trade
show, a motion picture film , an outdoor concert or similar to any of these; or

(c) In other cases, if:

(1) No distilled spirits, wine or beer is
served or permitted to be consumed;

(2) Only light refreshments are served;

(3) Where space is provided for dancing,
no charge is made for dancing; and

(I) Provided without any charge to the
owner, lessee or operator of the establishment or to any concessionaire;

(II) Mechanical or instrumental music
alone; or

(III) Provided only by musicians who move
constantly through the audience, whether the music is vocal or instrumental , or both.

3. The tax imposed by this section must
be paid by the licensee of the establishment.

________

CHAPTER 441, SB 366

Senate Bill No.
366Committee on Judiciary

CHAPTER 441

AN ACT relating to veterinary medicine;
changing the procedure for disciplinary action; allowing the board to regulate
related personnel; and providing other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 638 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 32.5, inclusive, of this act.

Sec. 2. 1. The board or any of its members who becomes
aware of any fact which may be any one or a combination of the grounds for
initiating disciplinary action shall, and any other person who is so aware may,
file with the board a verified written complaint specifying the relevant facts.

2. The board may,
upon its own motion, and shall, upon receipt of such a complaint, investigate
the actions of any applicant for a license or any holder of a license issued
pursuant to the provisions of this chapter.

Sec. 3. 1. The board shall appoint one of its members to
conduct the investigation of a complaint. The member conducting the
investigation may request assistance from the attorney general or the executive
secretary of the board, and may employ investigators, professional consultants,
and any other personnel necessary to conduct the investigation.

2. Immediately
after his appointment, the member conducting the investigation shall notify the
person being investigated. The notice must describe the reasons for the
investigation.

Sec. 4. If the member conducting the investigation determines that
there is a reasonable basis for the complaint, he may:

1. Prepare and
sign a statement of findings and recommend a formal hearing. If the board
agrees with the recommendation it shall, by motion, fix a time and place for a
hearing and so notify the person at least 20 days
before the date of the hearing.

least 20 days before the date of the
hearing. The notice must include a copy of the statement of findings;

2. Recommend that
the board conduct an informal hearing based on the allegations in the verified
complaint and the results of the investigation; or

3. Submit his
statement of findings to the person under investigation. If he agrees in
writing to the findings of the member conducting the investigation, the board
may adopt that report and take such disciplinary action as is necessary without
conducting a hearing.

Sec. 5. At all hearings the attorney general, or an attorney employed
by the board, shall represent the board.

Sec. 6. If the board issues an order summarily suspending the license
of a veterinarian or an animal technician pending proceedings for disciplinary
action, the court shall not stay that order unless the board fails to institute
and determine such proceedings as promptly as practicable.

Sec. 7. 1. In addition to any other remedy provided by
law, the board, through its president or the attorney general, may apply to a
court to enjoin any unprofessional conduct of a veterinarian or animal
technician, or to limit his practice or suspend his license.

2. The court may
issue a temporary restraining order or a preliminary injunction for such
purposes:

(a) Without proof of
actual damage sustained by any person, this provision being a preventive as
well as punitive measure; and

(b) Pending proceedings
for disciplinary action by the board. Such proceedings must be instituted and
determined as promptly as practicable.

Sec. 8. 1. The board may delegate to a hearing officer or
panel its authority to take any disciplinary action pursuant to this chapter,
impose and collect fines therefor and deposit the money therefrom in banks or
savings and loan associations in this state.

2. If a hearing
officer or panel is not authorized to take disciplinary action pursuant to
subsection 1 and the board deposits the money collected from the imposition of
fines with the state treasurer for credit to the state general fund, it may
present a claim to the state board of examiners for recommendation to the interim
finance committee if money is needed to pay attorneys fees or the costs of an
investigation, or both.

Sec. 9. 1. Except as provided in this section, all
information received by the board concerning an applicant for a license or a
licensee, including the results of an investigation, is confidential.

2. If the board
takes disciplinary action against an applicant or licensee, the complaint and
the action taken are no longer required to be confidential.

3. If the board
conducts any proceeding other than a disciplinary action regarding an applicant
or licensee, its statement of findings and any order issued relating thereto
are no longer required to be confidential.

4. Information
concerning an applicant or a licensee may be disclosed, pursuant to procedures
established by regulation of the board, to a court or an agency of the Federal
Government, any state or any political subdivision of this state. Notice of the
disclosure and the contents of the information must be given to the applicant
or licensee within 3 business days before the disclosure.

Sec. 10. 1. If the board has reason to believe that the
conduct of any veterinarian or animal technician has raised a reasonable
question as to his competence to practice veterinary medicine or to act as an
animal technician with reasonable skill and safety to animals, it may order
that person to undergo a mental or physical examination or an examination
testing his competence to practice veterinary medicine or to act as an animal
technician. The examination must be conducted by physicians or other persons designated
by the board to assist it in determining the fitness of that person to practice
veterinary medicine or to act as an animal technician.

2. Every
veterinarian or animal technician who accepts a license issued pursuant to this
chapter shall be deemed to have given his consent to submit to a mental or
physical examination or an examination testing his competence when directed to
do so in writing by the board.

3. If the board
directs a licensee to submit to a mental or physical examination or an
examination testing his competence, the examination must be held and the
results returned to the board not later than 60 days after the board issues the
order.

4. The testimony
or reports of the examining physicians or other persons designated by the board
are privileged communication, except as to proceedings conducted pursuant to
this chapter.

5. Except in
extraordinary circumstances, as determined by the board, the failure of a
person licensed under this chapter to submit to an examination when directed as
provided in this section constitutes grounds for the immediate suspension of
his license.

Sec. 11. 1. If the board receives information that a
veterinarian or animal technician is causing, allowing or maintaining any
condition or activity which is an immediate threat to the welfare of an animal,
it may, without a hearing, suspend his license or prohibit the use of certain
procedures or any dangerous activity. The board shall notify the veterinarian
or animal technician within 2 days after taking the action.

2. The board
shall, within 14 days after notifying the veterinarian or animal technician,
hold an informal hearing to determine if cause exists to extend the order. The
veterinarian or animal technician may present evidence at that hearing. After
the hearing the board may extend the order for no more than 60 days.

3. The issuance or
extension of the order is not an adjudication on the merits. During the period
of suspension, the board shall investigate further and if it decides it is
necessary, hold a formal hearing which must take priority over any other
proceeding before the board. If the board finds, after the formal hearing, that
the licensee is causing, allowing or maintaining
any condition or activity which is an immediate threat to the welfare of an animal,
it shall issue an order stating its findings and the action taken.

allowing or maintaining any condition
or activity which is an immediate threat to the welfare of an animal, it shall
issue an order stating its findings and the action taken.

Sec. 12. 1. Service of process made pursuant to and all
notices required by this chapter must be either personal or by registered or
certified mail with return receipt requested, addressed to the veterinarian,
animal technician or applicant for a license, at his last known address, as
indicated on the records of the board. If personal service cannot be made and
if notice by mail is returned undelivered, the executive secretary of the board
shall cause a notice of the hearing or action to be published one a week for 4
consecutive weeks in a newspaper published in the county of that persons last
known address or, if no newspaper is published in that county, then in a
newspaper widely distributed in that county.

2. Proof of
service of process or publication of notice made pursuant to this chapter must
be filed with the executive secretary and recorded in the minutes of the board.

Sec. 13. In any proceeding before the board:

1. Proof of actual
injury need not be established where the statement of findings charges
deceptive or unethical professional conduct.

2. A certified
copy of the record of a court or a licensing agency showing a conviction or the
suspension, limitation, modification, denial or revocation of a license of a
veterinarian or animal technician is conclusive evidence of its occurrence. A
plea of nolo contendere is a conviction for the purpose of this section.

Sec. 14. The person charged is entitled to a hearing before the board,
but the failure of the person charged to attend his hearing or his failure to
defend himself must not delay or void the proceedings. The board may, for good
cause shown:

1. Continue any hearing;
or

2. Within 30 days
after the hearing, reopen the proceedings and permit the person charged to
submit evidence.

Sec. 15. If a veterinarian or animal technician does not agree with an
order of the board imposing a sanction against him, or the information upon
which the order is based, he shall submit a written statement to the board
giving his position in detail, within 30 days after service of the order. The
board shall review the statement, issue its decision and notify the licensee
within 120 days after it receives the statement.

Sec. 16. 1. Any person against whom disciplinary action
has been taken by the board is entitled to judicial review of the boards
order.

2. Every order of
the board imposing a sanction pursuant to NRS 638.147 is effective from the
date the president and executive secretary certify the order until the date the
order is modified or reversed by a final judgment of the court. The court shall
not stay the order of the board unless the board has failed to comply with the
procedural requirements provided in NRS 233B.140.

3. The district
court shall give a petition for judicial review of the boards order priority over other civil matters which are not
expressly given priority by law.

boards order priority over other
civil matters which are not expressly given priority by law.

Sec. 17. 1. Any person:

(a) Whose practice of
veterinary medicine has been limited; or

(b) Whose license to
practice veterinary medicine has been suspended until further order or revoked,

by an order of the board, may apply
to the board after a reasonable period for removal of the limitation or
restoration of his license.

2. In hearing the
application, the board:

(a) May require the
person to submit to a mental or physical examination by physicians whom it
designates or to an examination testing his competence by other persons whom it
designates, and submit such other evidence of changed conditions and of fitness
as it considers proper;

(b) Shall determine
whether under all the circumstances the time of the application is reasonable;
and

(c) May deny the
application or modify or rescind its order as the evidence warrants.

Sec. 18. The board, a veterinary society, or any person who or other
organization which initiates or assists in any lawful investigation or
proceeding concerning a veterinarian or animal technician, is immune from any
civil action for that initiation or assistance or any consequential damages, if
the person or organization acted without malicious intent.

Sec. 19. The filing and review of a complaint, its dismissal without
further action or its transmittal to the attorney general, and any subsequent
disposition by the board, the attorney general or any reviewing court do not
preclude any appropriate criminal prosecution by the attorney general or a
district attorney based upon the same or other facts.

Sec. 20. The following acts, among others, are grounds for disciplinary
action:

1. Fraud or
misrepresentation to secure a license;

2. Conspiring to
commit fraud, forgery or deception in connection with an examination for a
license;

3. Swearing
falsely in any testimony or affidavit relating to or in the course of the
practice of veterinary medicine; and

4. Engaging in any
professional conduct likely to deceive, defraud or harm the public.

Sec. 21. The following acts, among others, are grounds for disciplinary
action:

1. Claiming or
implying professional superiority over other licensees;

1. Allowing ones
name to be used as a veterinarian or as an animal technician by another person
who is not licensed or permitted to practice in this state;

2. Having
professional association with or employing any person claiming to be a
veterinarian or animal technician unlawfully; and

3. Failure to
report, within 30 days, the revocation of a license to practice veterinary
medicine or as an animal technician in another state, territory or district of
the United States on grounds other than nonpayment of a fee.

Sec. 23. The following acts, among others, are grounds for disciplinary
action:

1. Failure of a
licensee to maintain his facilities and premises in a clean and sanitary
condition;

2. Failure to
maintain records relating to the diagnosis, treatment and care of an animal;

3. Altering the
records of an animal;

4. Making or
filing a report which the licensee knows to be false;

5. Willful failure
to report any dangerous, infectious or contagious disease or the results of any
medical test as required by law; or

6. Willfully
committing any inhumane or cruel act on any animal.

Sec. 24. The board may request and obtain a search warrant from a
magistrate upon a showing that the warrant is needed to carry out an order of
the board or for an investigation or hearing being conducted by the board and
that reasonable cause exists to issue the warrant.

Sec. 25. Every veterinarian or animal technician licensed pursuant to
this chapter shall report to the board any claim for malpractice or negligence
filed against him and its disposition within 90 days after the claim is filed
and after its disposition.

Sec. 26. Any person who files with the board a verified complaint about
the care given to his animal by a licensee may present the animal for a
physical examination. The board may:

1. Schedule the
examination at a reasonable time and place;

2. Notify the
complainant at least 5 days before the examination; and

3. Pay the cost of
the examination.

Sec. 27. 1. The board shall keep a record of:

(a) All charges filed
against a licensee;

(b) The proceedings of
any formal hearing conducted by the board or a hearing officer;

(c) Any order filed by
the board; and

(d) All licenses issued
by the board including the name of the holder of the license, his business and
residential addresses, the date the license was issued and the serial number of
the license.

2. The records of
the board listed in subsection 1 must be open to the public at reasonable times
and places.

Sec. 28. A decision of the hearing officer or panel relating to the
imposition of a fine is a final decision in a contested case. Any party aggrieved by the decision of the officer or panel to impose any
other disciplinary action may appeal that decision to the board.

aggrieved by the decision of the
officer or panel to impose any other disciplinary action may appeal that
decision to the board.

Sec. 29. The president of the board, or in his absence, the vice
president, may administer oaths in the performance of his duties.

Sec. 30. A court may award, costs and reasonable attorneys fees
incurred by the board to:

1. Enforce a
subpena if the court enters an order compelling compliance; or

2. Enforce the
provisions of this chapter.

Sec. 31. The board, a member thereof or its authorized representative
may inspect a facility in which veterinary medicine is practiced at any time
during which the facility is open for business, to ensure compliance with the
requirements of this chapter and the regulations of the board.

Sec. 32. Any person seeking to enjoin another person from acting as a
veterinarian or animal technician without a license, need allege only that he
did, on a specified date in this state, so act without having a license.

Sec. 32.5. A copy of the regulations of the board governing the sanitary
conditions of facilities in which veterinary medicine is practiced must be
furnished to each person to whom a license is issued for the practice of
veterinary medicine pursuant to this chapter.

Sec. 33. NRS 638.020 is
hereby amended to read as follows:

638.020 1. The Nevada state
board of veterinary medical examiners is hereby created.

2. The board consists of seven members
appointed by the governor.

3. Six of the members [appointed by the governor] must:

(a) Be residents of the State of Nevada.

(b) Be graduates of a veterinary college
approved by the American Veterinary Medical Association.

(c) Have been lawfully engaged in the private
practice of veterinary medicine in the State of Nevada for at least 5 years
next preceding the date of their appointment.

4. One member appointed by the governor
must be a representative of the general public.

5. Any member may
be removed from the board by the governor for good cause.

Sec. 34. NRS 638.050 is
hereby amended to read as follows:

638.050 1. The board shall
elect from its appointed members a president [,]and vice president . [and secretary-treasurer.] The officers
serve at the pleasure of the board.

2. [The
office of the president is the legal office of the board, but the]The board may maintain offices in as many
localities in the state as it finds necessary to carry out the provisions of
this chapter.

3. [The
secretary-treasurer]The board shall
employ an executive secretary who shall maintain a copy of all [incoming and outgoing] correspondence.

638.060 1. The board shall
meet [annually, the time and place to concur with
the annual meeting of the Nevada State Veterinary Association.

2. Whenever
requested by any three members, the secretary- treasurer shall call a meeting
of the board.

3.]at least annually and on the call of the president or any four
of its members.

2. Four
members of the board constitute a quorum.

Sec. 36. NRS 638.070 is
hereby amended to read as follows:

638.070 [1.]
The board may [adopt such regulations as it deems
necessary]:

1. Adopt
regulations:

(a) Necessary to
carry out the provisions of this chapter [and not
in conflict therewith.

2. The board may:

(a)];

(b) Concerning the rights
and responsibilities of veterinary interns and externs and graduates of schools
of veterinary medicine located outside the Unites States or Canada;

(c) Concerning the rights
and responsibilities of a veterinarians employees who are not licensed nor
working towards obtaining a license pursuant to this chapter and whose duties
require them to spend a substantial portion of their time in direct contact
with animals;

(d) Concerning
requirements for continuing education; and

(e) Establishing
procedures to approve schools which confer the degree of animal technician or
its equivalent;

(f) Concerning the
disposition of animals which are abandoned or left unclaimed at the office of a
veterinarian; and

(g) Establishing sanitary
requirements for facilities in which veterinary medicine is practiced,
including, but not limited to, precautions to be taken to prevent the creation
or spread of any infectious or contagious disease.

2. Employ
attorneys, investigators , hearing officers for
disciplinary hearings, and other professional consultants and clerical
personnel necessary to the discharge of its duties.

638.080 1. The [secretary-treasurer shall be]executive secretary is the custodian of all the records
and [funds]money
of the board, and shall deposit [the funds]all money received by the board pursuant to the
provisions of this chapter, except fines imposed by the board, in banks
or savings and loan associations in the State of Nevada.

[2. All
moneys received for licenses shall be subject to the order of the board. The
moneys shall]The money must be
used to meet the expenses of the board.

[3.]2. Payment of money [from the funds of the board shall]must be made upon the written order of the president
countersigned by the [secretary-treasurer.]executive secretary.

Sec. 38. NRS 638.100 is
hereby amended to read as follows:

638.100 1. Any person who
desires to secure a license to practice veterinary medicine, surgery,
obstetrics or dentistry in the State of Nevada [shall]must make written application to the [secretary-treasurer]executive secretary of the board.

2. The application [shall]must
include any information required by the board and must be accompanied by
satisfactory proof that the applicant:

(a) Is of good moral character.

(b) Has received a diploma conferring the degree
of doctor of veterinary medicine or its equivalent from a school of veterinary
medicine within the United States or Canada or, if the applicant is a graduate
of a school of veterinary medicine located outside the United States or Canada,
that he has received an educational certificate issued after December 31, 1972,
by the Educational Committee on Foreign Veterinary Graduates of the American
Veterinary Medical Association.

(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States . [,

and by any other information
which may be required by the board.]

3. The application [shall]must also
be accompanied by a fee set by the board, not to exceed $200.

4. The board may refuse to issue a
license upon satisfactory proof that the applicant [:

(a) Has been guilty of
unprofessional conduct;

(b) Has been guilty of
gross immorality;

(c) Is guilty of habitual
drunkenness;

(d) Is addicted to the
use of habit-forming drugs; or

(e) Has been convicted of
a felony.]has committed an act which
would be grounds for disciplinary action if the applicant were a licensee.

Sec. 39. NRS 638.122 is
hereby amended to read as follows:

638.122 1. Any person who
desires to secure a license as an animal technician [in
the State of Nevada shall]must make
written application to the [secretary-treasurer]executive secretary of the board.

2. The application [shall]must be
accompanied by satisfactory proof that the applicant:

(a) Is of good moral character.

(b) [Has]Except as provided in subsection 4 has received a
diploma conferring the degree of animal technician, or its equivalent after
having completed a college level course at a school [that
conforms to the standards required for accreditation by the American Veterinary
Medical Association.]approved by the
board.

(c) Is a citizen of the United States or is [a lawful permanent resident of]lawfully entitled to remain and work in the United
States.

3. The application [shall]must be
accompanied by a fee to be set by the board in an amount not to exceed $200.

4. Any person who for a period of 5 full
calendar years [prior to]before July 1, 1976, has been an employee of a
veterinarian licensed to practice in this state may, upon presentation to the board
of a certificate of the veterinarian with whom he worked certifying as to the
applicants [work experience, be permitted to]experience, substitute this experience for the
educational requirement of paragraph (b) of subsection 2. Any person who qualifies
for an examination to be certified as an animal technician who does not
successfully pass the required examination or reexamination must then comply
with the specified educational requirements.

Sec. 40. NRS 638.127 is
hereby amended to read as follows:

638.127 1. On or before
January 1 of each even-numbered year, the [secretary-treasurer]executive secretary shall mail to each person
licensed under the provisions of this chapter an application form for the
biennial renewal of his license.

2. Each applicant for renewal [shall]must complete
the form and return it to the [secretary-treasurer,]executive secretary, accompanied by the renewal [license] fee, before March 1 of such
year. The renewal [license] fee may
be set by the board in an amount not to exceed $200.

3. Upon receipt of the application and
fee, the board shall issue to [such]that person a certificate of renewal.

4. Any person who fails to renew his
license on or before May 1 of such year forfeits his license.

5. When a person has forfeited his
license in the manner provided in subsection 4, the board may reinstate [such person]the
license and issue a certificate of renewal upon payment of the renewal [license] fee and delinquency penalty of
$10 for each month or fraction thereof the license [remained
unrenewed]was not renewed after
March 1.

6. If a licensee
does not practice for more than 12 consecutive months, the board may require
him to take an examination to determine his competency before renewing his
license.

Sec. 41. NRS 638.140 is
hereby amended to read as follows:

638.140 The following acts [constitute cause], among others, are grounds for disciplinary action [under NRS 638.147:

1. Unprofessional
conduct resulting from the violation]:

1. Violation of
regulations adopted by the board;

2. [Gross
immorality;

3.] Habitual
drunkenness;

[4.]3. Addiction to the use of a controlled
substance as defined in chapter 453 of NRS;

[5.]4. Conviction of or
a plea of nolo contendere to a felony, [a
misdemeanor]or any offense involving
moral turpitude [or conviction for violation of
any provision of this chapter;

15. Willful
failure to report any dangerous, infectious or contagious disease as required
by law;

16. Willful
failure to report the results of any medical tests as required by law;

17. Willfully
committing any inhumane or cruel act on any animal;

18. Lending ones
name to be used as a veterinarian by another person who is not licensed or
permitted to practice in this state;

19. Having
professional association with or employing any person practicing veterinary
medicine unlawfully;

20. Revocation of
a license to practice veterinary medicine in another state, territory or
district of the United States on grounds other than nonpayment of registration
fee; or

21. Failing to
maintain their facilities and premises in a clean and sanitary condition.]as evidenced by a claim of malpractice settled against
the holder of a license;

6. Conviction of a
violation of any law concerning the possession, distribution or use of a
controlled substance as defined in chapter 453 of NRS or a dangerous drug as
defined in chapter 454 of NRS; or

7. Willful failure
to comply with any provision of this chapter, a regulation, subpena or order of
the board, or an order of a court.

Sec. 42. NRS 638.144 is
hereby amended to read as follows:

638.144 1. The board , or a member assigned to investigate a complaint, may
issue subpenas to compel the attendance of witnesses and the production of
books [and papers.], records, papers and any other article related to the
practice of veterinary medicine.

2. If any witness refuses to attend or
testify or produce any [books and papers]article as required by the subpena, the board may
report to the district court in [and for] the county in
which the hearing is pending, by petition setting forth that:

to the district court in [and
for] the county in which the hearing is pending, by petition
setting forth that:

(a) Due notice has been given of the time and
place of attendance of the witness or the production of the [books and papers;]required articles;

(b) The witness has been subpenaed [by the board] pursuant to this section;
and

(c) The witness has failed or refused to attend
or produce the [books and papers]articles required by the subpena, or has refused to
answer questions propounded to him,

and asking for an order of the court compelling the witness
to attend and testify [or produce the books and
papers] before the board [.]or produce the articles as required by the subpena.

3. Upon receiving the petition, the court
may enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in its order, the time to be not more than
10 days from the date of the order, and then and there show cause why he has
not attended or testified [or produced the books
or papers] before the board [.]or produced the articles as required by the subpena. A
certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpena
was regularly issued by the board, the court shall enter an order that the
witness appear before the board at the time and place fixed in the order and
testify or produce the required [books or papers,]articles, and upon failure to obey the order the
witness may be dealt with as for contempt of court.

Sec. 43. NRS 638.145 is
hereby amended to read as follows:

638.145 The board shall not refuse to
issue a license to an applicant or [suspend,
revoke or refuse to renew the license of any licensed veterinarian]take any disciplinary action except upon satisfactory
proof that the applicant or licensee has engaged in one or more of the
practices prohibited by the provisions of this chapter.

Sec. 44. NRS 638.147 is
hereby amended to read as follows:

638.147 1. If the board
determines that any applicant for a license [as a
veterinarian or a licensed veterinarian]or
any person licensed pursuant to this chapter has committed any of the
acts which [constitute cause]are grounds for disciplinary action, the board may:

(a) Refuse to issue a license.

(b) Refuse to renew a license.

(c) Revoke a license.

(d) Suspend a license for a definite period [of time.]or
until further order of the board.

(e) Impose a [civil
administrative sanction]fine in an
amount not to exceed [$1,000.]$5,000 for each act which constitutes a ground for
disciplinary action.

(f) Place a licensee on probation [.]subject to any
reasonable conditions imposed by the board, including requiring courses in
continuing education or a periodic or continuous review of his practice.

(i) Require him to take a
competency examination or a mental or physical examination.

2. Any money collected by the board
pursuant to this section must be deposited with the state treasurer for credit
to the state general fund.

Sec. 45. NRS 638.170 is
hereby amended to read as follows:

638.170 [Any
violation]

1. Except as
provided in subsections 2 and 3, any person who violates any of the
provisions of this chapter [shall constitute]is guilty of a misdemeanor.

2. Any person who
practices veterinary medicine, without a license issued pursuant to the
provisions of this chapter, shall be punished by imprisonment in the state
prison for not less than 1 year nor more than 6 years, or by a fine of not more
than $5,000, or by both fine and imprisonment.

3. Any person who
practices as an animal technician, without a license issued pursuant to the
provisions of this chapter, shall be punished by imprisonment in the county
jail for not more than 1 year, or by a fine of not more than $2,000, or by both
fine and imprisonment.

Sec. 46. NRS 638.141 and
638.143 are hereby repealed.

________

CHAPTER 442, AB 675

Assembly Bill No. 675Assemblymen
Bergevin and Nicholas

CHAPTER 442

AN ACT relating to the Nevada Tahoe
regional planning agency; changing the composition of the governing body; and
providing other matters properly relating thereto.

[Approved May 31, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 278.792 is
hereby amended to read as follows:

278.792 1. The Nevada Tahoe
regional planning agency is hereby created as a separate legal entity.

2. The governing body of the agency
consists of:

(a) One member appointed by each of the boards
of county commissioners of Douglas and Washoe counties and one member appointed
by the board of supervisors of Carson City. Any such member may be a member of
the board of county commissioners or board of supervisors, respectively, and
must reside in the territorial jurisdiction of the governmental body making the
appointment.

(b) [One member]Two members appointed by the governor [of Nevada, the secretary of state of Nevada or his
designee, and the director of the state department of conservation and natural
resources of Nevada or his designee.

Nevada or his designee. A member who
is appointed or designated pursuant to this paragraph must not be a resident of
the region and shall represent the public at large within the State of Nevada.

(c) One member appointed
for a 1-year term by the six other members. If at least four members are unable
to agree upon the selection of a seventh member within 30 days after this
section becomes effective or the occurrence of a vacancy, the governor shall make
the appointment. The member appointed pursuant to this paragraph may but is not
required to be a resident of the region.]of
this state.

(c) One member appointed
by the speaker of the assembly, and one member appointed by the majority leader
of the senate, of this state.

3. If any appointing authority fails to
make an appointment within 30 days after the effective date of this section or
the occurrence of a vacancy on the governing body, the governor shall make the
appointment.

4. The position of any member of the
governing body shall be deemed vacant if the member is absent from three
consecutive meetings of the governing body in any calendar year.

5. Each member and employee of the agency
shall disclose his economic interests in the region within 10 days after taking
his seat on the governing body or being employed by the agency and shall
thereafter disclose any further economic interest which he acquires, as soon as
feasible after he acquires it. As used in this section, economic interest
means:

(a) Any business entity operating in the region
in which the member has a direct or indirect investment worth more than $1,000 ; [.]

(b) Any real property located in the region in
which the member has a direct or indirect interest worth more than $1,000 ; [.]

(c) Any source of income attributable to
activities in the region, other than loans by or deposits with a commercial
lending institution in the regular course of business, aggregating $250 or more
in value received by or promised to the member within the preceding 12 months;
or

(d) Any business entity operating in the region
in which the member is a director, officer, partner, trustee, employee or holds
any position of management.

No member or employee of the agency may make or attempt to
influence [an agency decision]a decision of the agency in which he knows or has
reason to know he has a financial interest. Members and employees of the agency
must disqualify themselves from making or participating in the making of any
decision of the agency when it is reasonably foreseeable that the decision will
have a material financial effect, distinguishable from its effect on the public
generally, on the economic interest of the member or employee.

Sec. 2. 1. This
section becomes effective upon passage and approval.

2. All other sections of this act become
effective 1 minute after a proclamation by the governor of the amendment of
Article III(a)(2) of the Tahoe Regional Planning Compact
as proposed by Assembly Bill No.

AN ACT relating to retail installment
contracts; requiring the time price differential to be limited to the declining
balance when the time balance is prepaid; and providing other matters properly
relating thereto.

[Approved May 31, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 97.225 is
hereby amended to read as follows:

97.225 1. Notwithstanding
the provisions of any retail installment contract to the contrary, and if the
rights of the [purchaser]buyer have not been terminated or forfeited under the
terms of the contract, [any]the buyer may prepay in full the unpaid time balance
thereof at any time before its final due date and, if he does so, and if the
contract is not in default under any term or condition of the contract more
than 2 months, he is entitled to a refund of the unearned portion of the time
price differential for the prepayment. The amount of the refund must be [at least as great a proportion of the original time
price differential, after deducting therefrom a minimum charge of not more than
$25, as the sum of the periodic time balances for each period beginning 1
period after the prepayment is made bears to the sum of all the periodic time
balances under the schedule of payments in the contract. Where the amount of
the refund is less than $1, no refund need be made.]computed by applying the agreed rate of the time price
differential to the unpaid time balance. Any greater amount of the time price
differential which may have been precomputed and included in the balance due
must be refunded.

2. This section does not preclude the
imposition of any penalty for prepayment to which the parties may agree when
the contract is executed.

________

κ1985
Statutes of Nevada, Page 1260κ

CHAPTER 444, SB 268

Senate Bill No. 268Committee
on Commerce and Labor

CHAPTER 444

AN ACT relating to real estate brokers and
salesmen; revising various requirements for licensing; clarifying the
requirements for recovery from the real estate education, research and recovery
fund; providing penalties; and providing other matters properly relating
thereto.

[Approved May 31, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 645 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 4, inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and
section 3 of this act have the meanings ascribed to them in those sections.

Sec. 3. Business means the tangible assets and goodwill of an
existing enterprise.

Sec. 4. A person shall not accept an advance fee listing unless he is
licensed as a real estate broker, broker-salesman or salesman pursuant to this
chapter.

Sec. 5. NRS 645.002 is
hereby amended to read as follows:

645.002 [As
used in this chapter, advance]Advance fee
means a fee contracted for, claimed, demanded, charged, received or collected
for an advance fee listing, advertisement or offer to sell or lease property,
issued for the purpose of promoting the sale or lease of a business [opportunities]
or real estate or for referral to a business [opportunity] or real estate brokers or
salesmen , or both, [prior
to]before the last printing or
other last issuance thereof, other than by a newspaper of general circulation.

Sec. 6. NRS 645.004 is
hereby amended to read as follows:

645.004 [As
used in this chapter, advance]

1. Advance fee
listing includes, but is not limited to:

[1.](a) The name or a list of the names of the
owners, landlords, exchangers or lessors, or the location of property [,]or a business,
or of an interest [in property,]therein, offered for rent, sale, lease or
exchange.

[2.](b) The name, or a list of the names, or the
location at which prospective or potential purchasers, buyers, lessees, tenants
or changers of property may be communicated with or found.

[3.](c) An agreement by which a person who is engaged
in the business of promoting the sale or lease of [business
opportunities]businesses or real
estate agrees to render to an owner or lessee of the property any services, to
promote the sale or lease of the property, for an advance fee. [To engage in that business, the person must be licensed as a real estate broker, broker-salesman or salesman
pursuant to this chapter.

licensed as a real estate broker,
broker-salesman or salesman pursuant to this chapter.

4.](d) An agreement by which a person [who is engaged in the business of finding, locating or
promoting]agrees to locate or promote the
sale or lease of [business opportunities]a business or real estate [agrees,]
for an advance fee . [,
to circularize, notify or refer business opportunity or real estate brokers or
salesmen, or both, to the property which is offered for sale or lease. To
engage in that business, the person must be licensed as a real estate broker,
broker-salesman or salesman pursuant to this chapter.

Advance fee listing]

2. The
term does not include publications intended for general circulation.

Sec. 7. NRS 645.030 is
hereby amended to read as follows:

645.030 1. [Within the meaning of this chapter, a real]Real estate broker [is
any]means a person who, for
another and for compensation or with the intention or expectation of receiving
compensation:

(a) Sells, exchanges, options, purchases, rents,
or leases, or negotiates or offers, attempts or agrees to negotiate the sale,
exchange, option, purchase, rental, or lease of, or lists or solicits
prospective purchasers, lessees or renters of, or collects or offers, attempts
or agrees to collect rental for the use of, any business
or real estate or the improvements thereon or any modular homes or other
housing offered or conveyed with any interest in real estate; or

(b) Engages in or offers to engage in the
business of claiming, demanding, charging, receiving, collecting or contracting
for the collection of an advance fee in connection with any employment
undertaken to promote the sale or lease of business opportunities or real
estate by advance fee listing advertising or other offerings to sell, lease,
exchange or rent property.

2. Any person who, for another and for
compensation, aids, assists, solicits or negotiates the procurement, sale,
purchase, rental or lease of public lands is a real estate broker within the
meaning of this chapter.

2. No employee of the real estate
division may be interested in any real estate firm or
brokerage firm, nor may any employee act as a broker or salesman or agent
therefor.

Sec. 12. NRS 645.230 is
hereby amended to read as follows:

645.230 1. It is unlawful
for any person, [copartnership,]partnership, association or corporation to engage in
the business of, act in the capacity of, advertise or assume to act as, a real
estate broker, real estate broker-salesman or real estate salesman within the
State of Nevada without first obtaining the appropriate license from the real
estate division as provided for in this chapter.

2. The real estate division may prefer a
complaint for violation of this section before any court of competent
jurisdiction; and the real estate division may assist in presenting the law or
facts upon any trial for a violation of this section.

3. The district attorney of each county
shall prosecute all violations of this section in their respective counties in
which violations occur, unless prosecuted by the attorney general. Upon the
request of the administrator the attorney general shall prosecute any violation
of this section in lieu of the district attorney.

Sec. 13. NRS 645.240 is
hereby amended to read as follows:

645.240 1. The provisions of
this chapter do not apply to, and the terms real estate broker and real
estate salesman do not include, any person who, as owner or lessor, performs
any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with
reference to property owned or leased by them, or to the regular employees
thereof with respect to the property so owned or leased, where those acts are
performed in the regular course of or as an incident to the management of such
property and the investment therein. For the purposes of this subsection,
management means activities which tend to preserve or increase the income
from the property by preserving the physical desirability of the property or
maintaining high standards of service to tenants. [Management]The term does not include sales activities.

2. The provisions of this chapter do not
apply to:

(a) Any bank, trust company , savings and loan association or any [land] mortgage or farm loan association [organized]licensed
under the laws of this state or of the United States, when engaged in
the transaction of business within the scope of its [corporate
powers.]license.

(b) A corporation which, through its regular
officers who receive no special compensation for it, performs any of those acts
with reference to the property of the corporation.

(c) The services rendered by an attorney at law
in the performance of his duties as an attorney at law.

(d) A receiver, trustee in bankruptcy,
administrator or executor, or any other person doing any of the acts specified
in NRS 645.030 under the jurisdiction of any court.

(e) A trustee acting under a trust agreement,
deed of trust or will, or the regular salaried employees thereof.

(f) The purchase, sale or locating of mining
claims or options thereon or interests therein.

(g) The State of Nevada
or a political subdivision thereof.

Sec. 14. NRS 645.260 is
hereby amended to read as follows:

645.260 Any person, [copartnership,]partnership,
association or corporation who, for another, in consideration of
compensation by fee, commission, salary or otherwise, or with the intention or
expectation of receiving compensation, does, offers or attempts or agrees to
do, engages in, or offers or attempts or agrees to engage in, either directly
or indirectly, any single act or transaction contained in the definition of a
real estate broker in NRS 645.030, whether the act [be]is an incidental part of a transaction, or the
entire transaction, [shall constitute such
person, copartnership, association or corporation]is acting in the capacity of a a real estate broker or
real estate salesman within the meaning of this chapter.

Sec. 15. NRS 645.270 is
hereby amended to read as follows:

645.270 No person, [copartnership,]partnership,
association or corporation engaged in the business or acting in the
capacity of a real estate broker or a real estate salesman within this state
shall bring or maintain any action in the courts of this state for the
collection of compensation for the performance of any of the acts mentioned in
NRS 645.030 without alleging and proving that [such
person, copartnership,]the person,
partnership, association or corporation was a [duly]
licensed real estate broker or real estate salesman at the time the alleged
cause of action arose.

Sec. 16. NRS 645.280 is
hereby amended to read as follows:

645.280 1. It is unlawful
for any licensed real estate broker, or broker-salesman or salesman to offer,
promise, allow, give or pay, directly or indirectly, any part or share of his
commission , [or]
compensation or finders fee arising or accruing
from any real estate transaction to any person who is not a licensed real
estate broker, broker-salesman or salesman, in consideration of services
performed or to be performed by the unlicensed person. A licensed real estate
broker may pay a commission to a licensed broker of another state.

2. A real estate broker-salesman or
salesman shall not be associated with or accept compensation from any person
other than the broker or owner-developer under whom he is at the time licensed.

3. It is unlawful for any licensed real
estate broker-salesman or salesman to pay a commission to any person except
through the broker or owner-developer under whom he is at the time licensed.

Sec. 17. NRS 645.330 is
hereby amended to read as follows:

645.330 1. The division may
approve an application for a license for a person who meets all the following
requirements:

(a) Has a good reputation for honesty,
trustworthiness, integrity and competence to transact the business of a broker,
broker-salesman or salesman in a manner which safeguards
the interest of the public, and who offers proof of those qualifications
satisfactory to the division.

salesman in a manner which safeguards the interest of the
public, and who offers proof of those qualifications satisfactory to the
division.

(b) Has not been convicted of, or entered a plea
of guilty or nolo contendere to, forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude in any court of competent jurisdiction in the United
States or elsewhere. The untrustworthiness of an applicant and a conviction of
a crime listed in this subsection may be sufficient ground for refusal of a
license. The division may deny a license to any person who has been convicted
of engaging in a real estate business without a license.

(c) Has not made a false statement of material
fact on his application.

(d) Is competent to transact the business of a
real estate broker, broker-salesman or salesman in a manner which will
safeguard the interests of the public.

(e) Has passed the examination.

2. Suspension or revocation of a license
pursuant to this chapter or any prior revocation or current suspension in this
or any other state, district or territory of the United States or any foreign
country within [1 year]10 years before the date of the application is grounds
for refusal to grant a license.

3. A person may not be licensed as a real
estate broker unless he has been actively engaged as a full-time licensed real
estate broker-salesman or salesman in this state, or actively engaged as a
full-time licensed real estate broker, broker-salesman or salesman in another
state or the District of Columbia, for at least 2 of the 4 years immediately
preceding the issuance of a brokers license.

Sec. 18. NRS 645.340 is
hereby amended to read as follows:

645.340 1. The division
shall not approve an application for a brokers or salesmans license of any
person unless he is a bona fide resident of the State of Nevada.

2. The requirements of subsection 1 are
applicable to each member of a [copartnership]partnership or association and to each officer or
director of a corporation who will actively engage in the real estate business.

Sec. 19. NRS 645.350 is
hereby amended to read as follows:

645.350 1. Application for
license as a real estate broker, broker-salesman or salesman must be made in
writing to the division upon blanks prepared or furnished by the division.

2. Every application for a real estate
brokers, broker-salesmans or salesmans license must set forth the following
information:

(a) The name, age and address of the applicant.
If the applicant is a [copartnership]partnership or an association which is doing
business as a real estate broker, the name and address of each member thereof.
If the application is for a corporation which is doing business as a real
estate salesman, real estate broker-salesman or real estate broker, the name
and address of each officer and director thereof.

(b) In the case of a broker, the name under
which the business is to be conducted.

be conducted. The name is a fictitious name if it does not
contain the name of the applicant or the names of the members of the applicants
firm, [copartnership]partnership or association. Except as provided in NRS
645.387, a license must not be issued under a fictitious name which includes
the name of a real estate salesman or broker-salesman. A license must not be
issued under the same fictitious name to more than one licensee within the
state. All licensees doing business under a fictitious name shall comply with
other pertinent statutory regulations regarding the use of fictitious names.

(c) In the case of a broker, the place or
places, including the street number, the city and county where the business is
to be conducted.

(d) The business or occupation engaged in by the
applicant for [a period of] at
least 2 years immediately preceding the date of the application, and the location
thereof.

(e) The time and place of the applicants
previous experience in the real estate business as a broker or salesman.

(f) Whether the applicant has ever been
convicted of or is under indictment for a felony or has entered a plea of
guilty or nolo contendere to a charge of felony, and if so, the nature of the
felony.

(g) Whether the applicant
has been convicted of or entered a plea of nolo contendere to forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud, engaging in the business of selling real estate without
a license or any crime involving moral turpitude.

(h) Whether the
applicant has been refused a real estate brokers, broker-salesmans or
salesmans license in any state, or whether his license as a broker or salesman
has been revoked or suspended by any other state [.

(h)], district or territory of the United States or any other
country.

(i) If the
applicant is a member of a [copartnership]partnership or association, or an officer of a
corporation, the name and [office] address
of the [copartnership,]office of the partnership, association or corporation
of which the applicant is a member or officer.

3. An applicant for a license as a
broker-salesman or salesman shall provide a verified statement from the broker
with whom he will be associated, expressing the intent of that broker to
associate the applicant with him and to be responsible for the applicants
activities as a licensee.

4. If a [copartnership]partnership or association is to do business as a
real estate broker, the application for a brokers license must be verified by
at least two members thereof. If a corporation is to do business as a real
estate broker, the application must be verified by the president and the secretary
thereof.

Sec. 20. NRS 645.370 is
hereby amended to read as follows:

645.370 1. Every [copartnership]partnership
doing business as a real estate broker must designate [and appoint] one of its members, and every corporation doing business as a real estate broker
must designate [and appoint] one of its officers, to submit an application for
a brokers license.

and every corporation doing business as a real estate broker
must designate [and appoint] one of
its officers, to submit an application for a brokers license.

2. Upon such members or officers
successfully passing the examination, and upon compliance with all other
requirements of law by the [copartnership]partnership or corporation, as well as by the
designated member or officer, the division shall issue a brokers license to
the member or officer on behalf of the corporation or [copartnership,]partnership, and thereupon the member or officer
so designated is entitled to perform all the acts of a real estate broker
contemplated by this chapter; except:

(a) That the license entitles the member or
officer so designated to act as a real estate broker only as officer or agent
of the [copartnership]partnership or corporation, and not on his own behalf,
except as provided in NRS 645.385; and

(b) That if in any case the person so designated
is refused a license by the real estate division, or in case he ceases to be
connected with the [copartnership]partnership or corporation, the [copartnership]partnership or corporation may designate another
person who shall make application and qualify as in the first instance.

Sec. 21. NRS 645.380 is
hereby amended to read as follows:

645.380 Each member or officer of a [copartnership]partnership
or corporation who will perform or engage in any of the acts specified
in NRS 645.030, other than the member or officer designated for such purpose by
the [copartnership]partnership or corporation in the manner provided in
NRS 645.370, shall make application for and take out a separate brokers
license in his own name individually. The license issued to any such member or
officer of a [copartnership]partnership or corporation entitles the member or
officer to act as a real estate broker only as an officer or agent of the [copartnership]partnership
or corporation and not on his own behalf.

Sec. 22. NRS 645.385 is
hereby amended to read as follows:

645.385 The division may waive the
requirements of NRS 645.370 and 645.380 by adopting regulations authorizing
real estate brokers to act on their own behalf as well as on the behalf of a
corporation or [copartnership.]partnership.

Sec. 23. NRS 645.410 is
hereby amended to read as follows:

645.410 Every application for examination
for a license as a real estate broker,
broker-salesman or salesman under the provisions of this chapter must be accompanied
by the examination fee prescribed by this chapter. The applicant shall pay the
original license fee and the fee for the real
estate education, research and recovery fund [fee
within 90 days after he is notified in writing by the division that]at the time he files his application for a
license . [has been
approved. If an applicant fails to pay the prescribed fees within 90 days after
notification, no license may be issued to him except upon another original
application, except that within 1 year of the due date a license may be issued
upon payment of a fee one and one-half times the amount otherwise required for
a license.]

645.440 1. If the division,
after an application for a license in proper form has been filed with it,
accompanied by the proper fee, denies an application, the division shall give
notice of the fact to the applicant within 15 days after its ruling, order or
decision.

2. Upon written request from the
applicant, filed within 30 days after receipt of that notice by the applicant,
the president of the commission shall set the matter for a hearing to be
conducted within 90 days after receipt of the applicants request if the
request contains allegations which, if true:

(a) Qualify the applicant for a license; or

(b) Would entitle the applicant to a waiver of
the education requirements of NRS 645.343.

3. The hearing must be held at such time
and place as the commission prescribes. At least 15 days before the date set
for the hearing, the division shall notify the applicant and shall accompany
the notification with an exact copy of any protest filed, together with copies
of all communications, reports, affidavits or depositions in possession of the
division relevant to the matter in question. Written notice of the hearing may be served by delivery personally to the
applicant, or by mailing it by certified mail to the last known [business] address of the applicant.

4. The hearing may be held by the
commission or a majority thereof, and a hearing must be held, if the applicant
so desires. A record of the proceedings, or any part thereof, must be made
available to each party upon the payment to the division of the reasonable cost
of transcription.

5. The commission shall render a written decision on any appeal within 60 days from the
final hearing and shall notify the parties to the proceedings, in writing, of
its ruling, order or decision within 15 days after it is made.

6. Where an applicant has made a false
statement of material fact on his application, the false statement may in
itself be sufficient ground for refusal of a license.

Sec. 25. NRS 645.577 is
hereby amended to read as follows:

645.577 1. [Any licensee whose license has been placed]The division may place a license on inactive
status [by the division] for any of
the following reasons : [must
apply for and obtain reinstatement of his license before he may be placed on
active status:]

(a) At the request of the licensee.

(b) If a brokers license or a corporate
officers license, for failure to immediately notify the division in writing of
any change in the name of his firm or its business location.

(c) If a broker-salesmans license or a
salesmans license, for failure to notify the division of a change in the
broker or owner-developer with whom he will be associated within 30 days after
his previous association was terminated.

(d) For failure to apply and
pay the fee for renewal before the license expired.

(e) If inactivated upon the placing of the
broker under whose supervision the licensee worked in an inactive status.

(f) As a result of a formal disciplinary
proceeding.

2. Any licensee whose license has been
placed on inactive status may not engage in the business of a real estate
broker, broker-salesman or salesman until he has met all of the requirements
for reinstatement of his license to active status.

Sec. 26. NRS 645.590 is
hereby amended to read as follows:

645.590 If any real estate broker
licensed under the provisions of this chapter as a member of a [copartnership or association,]partnership, or as an officer of a corporation, [should discontinue]discontinues his connections with [such copartnership, association]the partnership or corporation, and thereafter [desire]desires to
act as an individual real estate broker, or become associated with any other [copartnership, association]partnership or corporation, the broker [shall be required to]must file an application and pay a transfer fee of $20
for a new license as an individual broker or as a member of [such new copartnership]the new partnership or association, or as an officer of
[such]the new
corporation. The payment of such a fee does not
extend or otherwise alter the original license period.

Sec. 27. NRS 645.630 is
hereby amended to read as follows:

645.630 The commission may require a
licensee or owner-developer to pay an administrative fine of not more than $500
for each violation he commits or suspend, revoke or [reissue
subject to]place conditions upon his license or registration, or do both, at any
time if the licensee or owner-developer has, by false or fraudulent
representation, obtained a license or registration, or where the licensee or
owner-developer, whether or not acting as such, is found guilty of:

1. Making any material misrepresentation.

2. Making any false promises of a
character likely to influence, persuade or induce.

3. Acting for more than one party in a
transaction without the knowledge of all parties for whom he acts.

4. Accepting a commission or valuable
consideration as a real estate broker-salesman or salesman for the performance
of any of the acts specified in this chapter or chapter
119 or 119A of NRS from any person except the licensed real estate
broker with whom he is associated or the owner-developer by whom he is
employed.

5. Representing or attempting to
represent a real estate broker other than the broker with whom he is
associated, without the express knowledge and consent of the broker with whom
he is associated.

6. Failing, within a reasonable time, to
account for or to remit any money which comes into his possession and which
belongs to others.

7. Commingling the money or other
property of his principals with his own or converting the money of others to
his own use.

8. In the case of a broker-salesman or
salesman, failing to place in the custody of his licensed broker or
owner-developer, as soon as possible, any deposit or other money or
consideration entrusted to him by any person dealing with him as the
representative of his licensed broker.

9. Accepting other than cash as earnest
money unless that fact is communicated to the owner before his acceptance of
the offer to purchase and that fact is shown in the receipt for the earnest
money.

10. Upon acceptance of an agreement, in
the case of a broker, failing to deposit any check or cash received as earnest
money before the end of the next banking day unless otherwise provided in the
purchase agreement.

11. Inducing any party to a contract,
sale or lease to break it in order to substitute a new contract, agreement of
sale or lease with the same or another party if the inducement to make the
substitution is offered to secure personal gain to the licensee or
owner-developer.

Sec. 28. NRS 645.633 is
hereby amended to read as follows:

645.633 The commission may take action
pursuant to NRS 645.630 against any person subject to that section who is
guilty of:

1. Willfully using any trade name,
service mark or insignia of membership in any real estate organization of which
the licensee is not a member, without the legal right to do so.

2. Violating any of the provisions of
this chapter, chapter 119 , 119A or 645A of NRS
or of any regulation adopted [under either
chapter.]thereunder.

3. Paying a commission , [or] compensation
or a finders fee to any person for performing
the services of a broker, broker-salesman or salesman who has not first secured
his license pursuant to this chapter. This subsection does not apply to
payments to a broker who is licensed in his state of residence.

4. A felony, or has entered a plea of
guilty or nolo contendere to a charge of felony [.]or any crime
involving fraud, deceit, misrepresentation or moral turpitude.

5. Guaranteeing, or having authorized or
permitted any person to guarantee, future profits which may result from the
resale of real property.

6. Failure to disclose to any person with
whom he is dealing, any material facts, data or information which he knew, or
which by the exercise of reasonable care and diligence he should have known,
concerning or relating to the property with which he is dealing.

7. Failure to include a fixed date of
expiration in any written listing agreement or to leave a copy of the agreement
with the principal.

8. Accepting, giving or charging any
undisclosed commission, rebate or direct profit on expenditures made for a
principal.

9. Gross negligence or incompetence in
performing any act for which he is required to hold a license pursuant to this
chapter [.]or
chapter 119 or 119A of NRS.

10. Any other conduct which constitutes [improper,]deceitful,
fraudulent or dishonest dealing.

11. Any conduct which took place before
his being licensed, which was in fact unknown to the [commission]division and which would have been grounds for
denial of a license had the [commission]division been aware of the conduct.

12. Acting in the dual capacity of agent
and undisclosed principal in any transaction.

13. Knowingly
permitting any person whose license has been revoked or suspended to act as a
real estate broker, broker-salesman or salesman, with or on behalf of the
licensee.

Action may also be taken pursuant to
NRS 645.630 against a person subject to that section for the suspension or
revocation of a real estate brokers, broker-salesmans or salesmans license
issued to him by any other jurisdiction.

Sec. 29. NRS 645.635 is
hereby amended to read as follows:

645.635 The commission may take action
pursuant to NRS 645.630 against any person subject to that section who is
guilty of:

1. Offering real estate for sale or lease
without the knowledge and consent of the owner or his authorized agent or on
terms other than those authorized by the owner or his authorized agent.

2. Negotiating a sale, exchange or lease
of real estate directly with an owner or lessor if he knows that the owner has
a written contract in force in connection with the property granting an
exclusive agency or an exclusive right to sell to another broker, unless
permission in writing has been obtained from the
other broker.

3. Failure to deliver within a reasonable
time a completed copy of any purchase agreement or offer to buy or sell real
estate to the purchaser [and]or to the seller.

4. Failure to deliver to the seller in
each real estate transaction, within 10 business days after the transaction is
closed, a complete, detailed closing statement showing all of the receipts and
disbursements handled by him for the seller, failure to deliver to the buyer a
complete statement showing all money received in the transaction from the buyer
and how and for what it was disbursed, or failure to retain true copies of
those statements in his files. The furnishing of those statements by an escrow
holder relieves the brokers, broker-salesmans or salesmans responsibility
and must be deemed to be compliance with this provision.

5. Representing to any lender,
guaranteeing agency or any other interested party, either verbally or through
the preparation of false documents, an amount in excess of the actual sale
price of the real estate or terms differing from those actually agreed upon.

6. Failure to produce any document, book
or record in his possession or under his control, concerning any real estate
transaction under investigation by the division.

7. Failure to reduce a bona fide offer to
writing where a proposed purchaser requests that it be submitted in writing.

8. Failure to submit all written bona
fide offers to a seller when the offers are received before the seller accepts
an offer in writing and until the broker has knowledge of that acceptance.

9. Refusing because of race, color,
national origin, sex or ethnic group to show, sell or rent any real estate for
sale or rent to qualified purchasers or renters.

10. Knowingly
submitting any false or fraudulent appraisal to any financial institution or
other interested person.

Sec. 30. NRS 645.660 is
hereby amended to read as follows:

645.660 1. Any unlawful act
or violation of any of the provisions of this chapter by any licensee is not
cause for the suspension or revocation of a license of any person associated
with the licensee, unless it appears to the satisfaction of the commission that
the associate knew or should have known thereof. A course of dealing shown to
have been persistently and consistently followed by any licensee constitutes
prima facie evidence of such knowledge upon the part of the associate.

2. If it appears that a registered
owner-developer knew or should have known of any unlawful act or violation on
the part of a real estate broker, broker-salesman
or salesman employed by him, in the course of his employment, the commission
may suspend or revoke his registration [.]and may assess a civil penalty of not more than $500.

3. The commission may suspend or revoke
the license of a real estate broker and may assess a civil penalty of not more
than $500 against him if it appears he has failed to maintain adequate
supervision of a salesman or broker-salesman associated with him and that
person commits any unlawful act or violates any of the provisions of this
chapter.

Sec. 31. NRS 645.670 is
hereby amended to read as follows:

645.670 In the event of the revocation or
suspension of the license issued to any member of a [copartnership]partnership or to any officer of a corporation,
the [copartnership]partnership or corporation may not conduct business
unless the member whose license has been revoked is severed and his interest in
the [copartnership]partnership and his share in its activities brought to
an end, or if a corporation, the offending officer is discharged and has no
further participation in its activities. The discharged or withdrawing member
or officer of such [copartnership]a partnership or corporation may reassume his
connection with, or be reengaged by [such
copartnership]the partnership or
corporation upon termination of the suspension or upon reinstatement of his
license.

Sec. 32. NRS 645.680 is
hereby amended to read as follows:

645.680 1. The procedure set
forth in this section and NRS 645.690 must be followed before the revocation or
suspension of any license.

2. Upon the initiation of a complaint by
the administrator, the matter must be set for a hearing by the administrator,
who shall schedule a hearing before the commission, and
the licensee is entitled to be heard thereon in person or by counsel.

hearing before the commission, and the licensee is entitled
to be heard thereon in person or by counsel.

3. The commission shall hold the hearing
within 90 days after the filing of a complaint by the administrator. The time
of the hearing may be continued upon the motion of the commission or at the
discretion of the commission, upon the written request of the licensee or of
the division for good cause shown.

4. The licensee must be given at least 30
days notice in writing by the division of the date, time and place of the
hearing together with a copy of the complaint and copies of all communications,
reports, affidavits or depositions in possession of the division relevant to
the complaint. The division may present evidence obtained after the notice only
if the division shows that the evidence was not available after diligent
investigation before the time notice was given to the licensee and that the
evidence was given or communicated to the licensee immediately after it was
obtained.

5. [The
notice may be served by]Notice is
complete upon delivery personally to the licensee, or by mailing by
certified mail to the last known [business]
address of the licensee. If the licensee is a broker-salesman or salesman, the
division shall also notify the broker with whom he is associated, or the
owner-developer by whom he is employed, by mailing an exact statement of the
charges and the date, time and place of the hearing by certified mail to the
owner-developer or brokers last known [business]
address.

Sec. 33. NRS 645.685 is
hereby amended to read as follows:

645.685 1. [Within 20 days after service of the notice upon him,
the]The licensee shall file an
answer to the charges with the commission. The answer must contain an admission
or denial of the allegations contained in the complaint and any defenses upon
which the licensee will rely.

2. The answer may be served by delivery
to the commission, or by mailing the answer by certified mail to the principal
office of the division.

3. No proceeding for the suspension or
revocation of any license may be maintained unless it is commenced by the
giving of notice to the licensee within 3 years of the time of the act charged,
whether of commission or omission, except:

(a) If the charges are based upon a misrepresentation
[,]or
failure to disclose, the period does not commence until the discovery of
facts which do or should lead to the discovery of the misrepresentation [;]or failure to
disclose; and

(b) Whenever any action or proceeding is
instituted to which the division or the licensee is a party and which involves
the conduct of the licensee in the transaction with which the charges are
related, the running of the 3-year period with respect to the institution of a
proceeding under this chapter to suspend or revoke the license is suspended
during the pendency of the action or proceeding.

645.690 1. The hearing on
the charges must be held at such time and place as the commission prescribes.
The hearing may be held by the commission or a majority thereof, and the
hearing must be held, if the licensee so requests in writing, within the [county where]northern
or southern district, as set forth in NRS 645.100, within which the
licensees principal place of business is situated.

2. At the hearing, a stenographic
transcript of the proceedings must be made if requested or required for
judicial review. Any party to the proceedings desiring a transcript must be
furnished with a copy upon payment to the division of the reasonable cost of
transcription.

Sec. 35. NRS 645.740 is
hereby amended to read as follows:

645.740 1. The commission
shall render [a]an informal decision on any complaint within 15 days
after the final hearing thereon and shall give notice in writing of the ruling
or decision to the applicant or licensee affected thereby within 60 days after [it is made]the
final hearing thereon by certified mail to the last known address of the
person to whom the notice is sent.

2. If the ruling is adverse to the
licensee, the commission shall also state in the notice the date upon which the
ruling or decision becomes effective, which date must not be less than 30 days
after the date of the notice.

3. The decision of the commission may not
be stayed by any appeal in accordance with the provisions of NRS 645.760,
unless the district court so orders upon motion of the licensee, notice to the
division of the motion and opportunity for the division to be heard.

4. An appeal from a decision of the
district court affirming the revocation or suspension of a license does not
stay the order of the commission unless the district or appellate court, in its
discretion and upon petition of the licensee, after notice and hearing orders
such stay, and upon the filing of a bond for costs in the amount of $1,000.

Sec. 36. NRS 645.760 is
hereby amended to read as follows:

645.760 1. A ruling or
decision of the commission in any disciplinary action is final when in favor of
the licensee.

2. If a ruling or decision is against the
licensee, the licensee may within 30 days [from]after the date of the decision appeal therefrom
to the district court in and for the county in which the party adversely
affected by the decision resides or has his place of business under the terms
of this chapter, by filing in the district court and serving
upon the administrator personally or by certified mail a
notice of [such]the appeal, a written petition for review and a demand
in writing for a certified transcript and copies of
all the papers on file in the office of the division affecting or relating to
the decision, and [all] the
evidence taken [on]at the hearing . [, and paying not more than $1 for the certification
thereof.] Thereupon, the division shall, within 30 days, make and
certify the transcript [, and the appellant
shall, within 5 days after receiving it, file it and the notice of appeal]and the copies and file them
with the clerk of the court.

them with the clerk of the
court. The petition for review need not be [certified]verified but must set forth in specific detail
any ground for the appeal, including any errors which the licensee contends
that the commission committed at the hearing. The commission is a party to
review proceedings. [The petition may be served
upon the administrator by delivery or by certified mail. The petition must be
filed in the district court.]

3. The appellants
opening brief must be filed in the district court within 30 days after the date
on which the transcript is filed with the court. The respondents answering
brief must be filed within 30 days after the appellants opening brief is
filed. If the appellant chooses to file a reply brief, it must be filed within
10 days after the respondents answering brief is filed. Failure to file a
brief within the time prescribed in this subsection constitutes a waiver of the
right to file that brief, unless an extension is granted by the court upon a
showing of good cause.

4. Upon the
hearing of the appeal, the burden of proof [shall
be upon]is on the appellant, and
the court shall consider the action of the commission from which the appeal is
taken, and is limited solely to a consideration and determination of the
question whether there has been an abuse of discretion on the part of the
commission in making [such]the decision.

Sec. 37. NRS 645.830 is
hereby amended to read as follows:

645.830 1. The following
fees must be charged by and paid to the division:

For each real estate salesmans or
brokers examination............................. $55

For each
original real estate brokers, broker- salesmans or corporate brokers license...................................................................................................................... 130

For each
original real estate salesmans license............................................ 100

For each
original branch office license........................................................... 100

For real estate
education, research and recovery to be paid at the time [of
issuance of each original license or renewal]an application for a license is filed or at the time a license
is renewed......................................................................... 40

For each
penalty assessed for failure of an applicant for an original brokers,
broker-salesmans or corporate brokers license to file within 90 days after
notification...................................................................................................................... 65

For each
penalty assessed for failure of an applicant for an original salesmans license
to file within 90 days after notification...................................... 50

For each renewal
of a real estate brokers, broker-salesmans or corporate brokers license.......................................................................................................... 130

For each
renewal of a real estate salesmans license.................................... 100

For each
renewal of a real estate branch office license................................ 100
For each penalty for late filing of a renewal for a brokers,
broker-salesmans or corporate brokers license....................... 65

For each penalty for late filing of
a renewal for a brokers, broker-salesmans or corporate brokers license................................................................................ 65

For each penalty for late filing of
a renewal for a salesmans license........ 50

For each change of name or address.............................................................. 10

For each transfer of a real estate
salesmans or broker-salesmans license and change of association or employment.......................................................................... 10

For each duplicate license where
the original license is lost or destroyed, and an affidavit is made thereof.................................................................................... 10

For each change of status from
broker to broker- salesman, or the reverse 10

For each reinstatement to active
status of an inactive real estate brokers, broker-salesmans or salesmans
license.................................................................... 10

For each reinstatement of a real
estate brokers license when the licensee fails to give immediate written
notice to the division of a change of name or business location .............................................................................................................................. 20

For each reinstatement of a real
estate salesmans or broker-salesmans license when he fails to notify the
division of a change of broker within 30 days of termination by previous broker.................................................................................................. 20

For each original registration of
an owner-developer.................................. [40]65

For each annual renewal of a
registration of an owner-developer............. [40]65

For each enlargement of the area of
an owner- developers registration.. 15

For each cooperative certificate
issued to an out-of-state broker licensee for 1 year or fraction thereof................................................................................................... 40

For each original accreditation of
a course of continuing education........ 50

For each renewal of accreditation
of a course of continuing education... 10

2. The fees prescribed for courses of
continuing education do not apply to any university or college of the
University of Nevada System.

Sec. 37.5. NRS 645.843 is
hereby amended to read as follows:

645.843 1. Upon [issuance]application
for or renewal of every real estate brokers, broker-salesmans and
salesmans license, every licensed broker, broker-salesman and salesman shall
pay in addition to the original or renewal fee, a fee for real estate
education, research and recovery. The additional fee must be deposited in the
state treasury for credit to the real estate education, research and recovery
fund, and must be used solely for the purposes provided in NRS 645.841 to
645.8494, inclusive.

645.844 1. [When]Except as
otherwise provided in subsection 2, when any person obtains a final
judgment in any court of competent jurisdiction against any licensee or licensees under this chapter, upon grounds of fraud,
misrepresentation or deceit with reference to any transaction for which a
license is required under this chapter, that person, upon termination of all
proceedings, including appeals in connection with any judgment, may file a
verified petition in the court in which the judgment was entered for an order
directing payment out of the fund in the amount of the unpaid actual damages
included in the judgment, but not more than $10,000 per [claimant.]judgment. The liability of the fund does not
exceed $20,000 for any [licensee.]person licensed pursuant to this chapter, whether he is
licensed as a partnership, association or corporation or as a natural person,
or both. The petition must state the grounds which entitle the person to
recover from the fund.

2. [A copy
of the petition]A person who is licensed
pursuant to this chapter may not recover from the fund for damages which are
related to a transaction in which he acted in his capacity as a licensee.

3. A copy of the:

(a) Petition;

(b) Judgment;

(c) Complaint upon which
the judgment was entered; and

(d) Writ of execution
which was returned unsatisfied,

must be served upon the administrator and the judgment debtor and [an
affidavit]affidavits of service
must be filed with the court.

3. [The
court shall act upon the petition within 30 days after service and, upon]Upon the hearing [thereof,]on the petition, the petitioner shall show that:

(a) He is not the spouse of the debtor, or the
personal representative of that spouse.

(b) He has complied with all the requirements of
NRS 645.841 to 645.8494, inclusive.

(c) He has obtained a judgment of the kind
described in subsection 1, stating the amount thereof, the amount owing thereon
at the date of the petition, and that the action in which the judgment was
obtained was based on fraud, misrepresentation or deceit of the licensee in a
transaction for which a license is required pursuant to this chapter.

(d) A writ of execution has been issued upon the
judgment and that no assets of the judgment debtor liable to be levied upon in
satisfaction of the judgment could be found, or that the amount realized on the
sale of assets was insufficient to satisfy the judgment, stating the amount so
realized and the balance remaining due.

(e) He has made reasonable searches and
inquiries to ascertain whether the judgment debtor possesses real or personal
property or other assets, liable to be sold or applied in satisfaction of the
judgment.

(f) The petition has been filed no more than 1
year after the termination of all proceedings, including reviews and appeals,
in connection with the judgment.

4. The provisions of this section do not
apply to owner-developers.

Sec. 39. NRS 645.845 is
hereby amended to read as follows:

645.845 1. Whenever the
court proceeds upon a petition as provided in NRS 645.844, the administrator
may answer and defend any such action against the fund on behalf of the fund [and in the name of the defendant] and
may use any appropriate method of review on behalf of the fund. The judgment debtor may answer and defend any such action on
his own behalf.

2. [The]Unless the judgment was entered by default, consent or
stipulation or the case was uncontested, the judgment set forth in the
petition [shall be considered as]is prima facie evidence [only
and]but the findings of fact
therein [shall not be]are not conclusive for the purposes of NRS 645.841 to
645.8494, inclusive.

3. The administrator may, subject to
court approval, compromise a claim based upon the application of a petitioner.
He shall not be bound by any prior compromise of the judgment debtor.

Sec. 40. NRS 645.847 is
hereby amended to read as follows:

645.847 If the administrator pays from
the fund any amount in settlement of a claim or towards satisfaction of a
judgment against a licensee, his license issued pursuant to chapter 119 of NRS
and this chapter must be automatically suspended upon the effective date of an
order by the court [as set forth herein]
authorizing payment from the fund. [No such]The license of the broker, broker-salesman or
salesman may not be reinstated and no other license may be granted to him pursuant to this
chapter until he has repaid in full, plus interest at the rate of [8]12 percent
per annum, the amount paid from the fund on his account. Interest is computed
from the date payment from the fund was made by the administrator.

Sec. 41. NRS 645.848 is
hereby amended to read as follows:

645.848 1. Whenever claims
are filed against the fund which total more than the maximum liability for the
acts of one licensee, the maximum liability of the fund for each licensee must
be distributed among the claimants in a ratio that their respective claims bear
to the total of all claims, or in any other manner that the court may find
equitable.

2. The distribution must be made without
regard to the order of priority in which claims were filed or judgments
entered.

3. Upon petition of the administrator,
the court may require all claimants and prospective claimants to be joined in
one action so that the respective rights of all claimants may be equitably
determined.

4. If, at any time, the money deposited
in the fund and allotted for satisfying claims against licensees is
insufficient to satisfy any authorized claim or portion thereof, the administrator
shall, when sufficient money has been deposited in the
fund, satisfy the unpaid claims or portions thereof, in the order that the
claims or portions thereof were originally filed, plus accumulated interest at
the rate of 6 percent per annum.

money has been deposited in the fund, satisfy the unpaid
claims or portions thereof, in the order that the claims or portions thereof
were originally filed, plus accumulated interest at the rate of 6 percent per
annum. Any sums received by the division pursuant to NRS [645.841 to 645.8494, inclusive,]645.847 and 645.8491 must be deposited in the state
treasury [and credited to]for credit to the account for education and research in the
fund.

Sec. 42. NRS 645.8491 is
hereby amended to read as follows:

645.8491 When the administrator has paid
from the fund any [sum]money to the judgment creditor, the administrator is
subrogated to all other rights of the judgment creditor [and
the judgment creditor shall assign all his right, title and interest in the
judgment to the administrator]to the
extent of the amount paid and any amount and interest so recovered by
the administrator on the judgment [shall]must be deposited in the
state treasury for credit to the fund.

Sec. 43. NRS 645.850 is
hereby amended to read as follows:

645.850 1. Any person who:

(a) Obtains or attempts
to obtain a license under this chapter by means of intentional
misrepresentation, deceit or fraud; or

(b) Sells or attempts to
sell in this state any interest in real property by means of intentional
misrepresentation, deceit or fraud,

shall be punished by imprisonment in
the state prison for not less than 1 year nor more than 6 years, or by a fine
of not more than $10,000, or by both fine and imprisonment.

2. Any
licensee or owner-developer who commits an act described in NRS 645.630,
645.633 or 645.635 shall be punished by a fine of not more than $500 [.

2.]for each offense.

3. Any
person who violates any other provision of this chapter, if a natural person,
is guilty of a gross misdemeanor, and if a [copartnership,]partnership, association or corporation, shall be
punished by a fine of not more than $2,500.

[3.]4. Any officer or agent of a corporation,
or member or agent of a [copartnership]partnership or association, who personally
participates in or is an accessory to any violation of this chapter by the [copartnership,]partnership,
association or corporation, is subject to the penalties [herein] prescribed in this section for natural persons.

[4.]5. Nothing in this section releases any
person from civil liability or criminal prosecution under the general laws of
this state.

[5.]6. The administrator may prefer a
complaint for violation of NRS 645.230 before any court of competent
jurisdiction, and may take the necessary legal steps through the proper legal
officers of this state to enforce the provisions thereof.

[6.]7. Any court of competent jurisdiction may
try any violation of this chapter, and upon conviction the court may revoke or suspend the license of the person so convicted, in
addition to imposing the other penalties provided in this section.

AN ACT relating to limited partnerships;
adopting the revised version of the Uniform Limited Partnership Act; and
providing other matters properly relating thereto.

[Approved May 31, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 88 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
66, inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise
requires:

1. Certificate of
limited partnership means the certificate referred to in section 8 of this
act, and the certificate as amended.

2. Contribution
means any cash, property, services rendered, or a promissory note or other
binding obligation to contribute cash or property or to perform services, which
a partner contributes to a limited partnership in his capacity as a partner.

3. Event of
withdrawal of a general partner means an event that causes a person to cease
to be a general partner as provided in section 23 of this act.

4. Foreign
limited partnership means a partnership formed under the laws of any state
other than this state and having as partners one or more general partners and
one or more limited partners.

5. General
partner means a person who has been admitted to a limited partnership as a
general partner in accordance with the partnership agreement and named in the
certificate of limited partnership as a general partner.

6. Limited
partner means a person who has been admitted to a limited partnership as a
limited partner in accordance with the partnership agreement and named in the
certificate of limited partnership as a limited partner.

7. Limited
partnership and domestic limited partnership mean a partnership formed by
two or more persons under the laws of this state and having one or more general
partners and one or more limited partners.

8. Partner means
a limited or general partner.

9. Partnership
agreement means any valid agreement, written or oral, of the partners as to
the affairs of a limited partnership and the conduct of its business.

12. State means
a state, territory or possession of the United States, the District of Columbia
or the Commonwealth of Puerto Rico.

Sec. 3. The name of each limited partnership as set forth in its
certificate of limited partnership:

1. Must contain
without abbreviation the words limited partnership;

2. May not contain
the name of a limited partner unless:

(a) It is also the name
of a general partner or the corporate name of a corporate general partner; or

(b) The business of the
limited partnership had been carried on under that name before the admission of
that limited partner;

3. May not contain
any word or phrase indicating or implying that it is organized other than for a
purpose stated in its certificate of limited partnership; and

4. May not be the
same as, or deceptively similar to, the name of any corporation or limited
partnership organized under the laws of this state or licensed or registered as
a foreign corporation or limited partnership in this state, unless the
corporation or limited partnership already bearing that name files with the
secretary of state its written consent to the use of the same or a similar name
by the limited partnership whose certificate is offered for filing.

Sec. 4. 1. The exclusive right to the use of a name may
be reserved by:

(a) Any person intending
to organize a limited partnership under this chapter and to adopt that name;

(b) Any domestic limited
partnership or any foreign limited partnership registered in this state which,
in either case, intends to adopt that name;

(c) Any foreign limited
partnership intending to register in this state and adopt that name; and

(d) Any person intending
to organize a foreign limited partnership and intending to have it registered
in this state and adopt that name.

2. The reservation
must be made by filing with the secretary of state an application, executed by
the applicant, to reserve a specified name. If the secretary of state finds
that the name is available for use by a domestic or foreign limited
partnership, he shall reserve the name for the exclusive use of the applicant
for a period of 120 days. Once having so reserved a name, the same applicant
may not again reserve the same name until more than 60 days after the
expiration of the last 120-day period for which that applicant reserved that
name. The right to the exclusive use of a reserved name may be transferred to
any other person by filing in the office of the secretary of state a notice of
the transfer, executed by the applicant for whom
the name was reserved and specifying the name and address of the transferee.

1. An office,
which may but need not be a place of its business in this state, at which must
be kept the records required by section 6 of this act to be maintained; and

2. An agent for
service of process on the limited partnership, who must be a natural person
resident of this state, a domestic corporation or a foreign corporation
authorized to do business in this state.

Sec. 6. Each limited partnership shall keep at the office referred to
in subsection 1 of section 5 of this act the following:

1. A current list
of the full name and last known business address of each partner set forth in
alphabetical order;

2. A copy of the
certificate of limited partnership and all certificates of amendment thereto,
together with executed copies of any powers of attorney pursuant to which any
certificate has been executed;

3. Copies of the
limited partnerships federal, state, and local income tax returns and reports,
if any, for the 3 most recent years; and

4. Copies of any
then effective written partnership agreements and of any financial statements
of the limited partnership for the 3 most recent years.

Those records are subject to
inspection and copying at the reasonable request, and at the expense, of any
partner during ordinary business hours.

Sec. 7. Except as provided in the partnership agreement, a partner may
lend money to and transact other business with the limited partnership and,
subject to other applicable law, has the same rights and obligations with
respect thereto as a person who is not a partner.

Sec. 8. 1. In order to form a limited partnership two or
more persons must execute a certificate of limited partnership. The certificate
must be filed in the office of the secretary of state and set forth:

(a) The name of the
limited partnership;

(b) The general character
of its business;

(c) The address of the
office and the name and address of the agent for service of process required to
be maintained by section 5 of this act;

(d) The name and the
business address of each partner, specifying separately the general partners
and limited partners;

(e) The amount of cash
and a description and statement of the agreed value of the other property or
services contributed by each partner and which each partner has agreed to
contribute in the future;

(f) The times at which or
events on the happening of which any additional contributions agreed to be made
by each partner are to be made;

(g) Any power of a
limited partner to grant the right to become a limited partner to an assignee
of any part of his partnership interest, and the terms and conditions of the
power;

(h) If agreed upon, the
time at which or the events on the happening of
which a partner may terminate his membership in the limited partnership and the
amount of, or the method of determining, the distribution to which he may be
entitled respecting his partnership interest, and the terms and conditions of
the termination and distribution;

of which a partner may terminate his
membership in the limited partnership and the amount of, or the method of
determining, the distribution to which he may be entitled respecting his
partnership interest, and the terms and conditions of the termination and
distribution;

(i) Any right of a
partner to receive distributions of property, including cash from the limited
partnership;

(j) Any right of a partner
to receive, or of a general partner to make, distributions to a partner which
include a return of all or any part of the partners contribution;

(k) Any time at which or
events upon the happening of which the limited partnership is to be dissolved
and its affairs wound up;

(l) Any right of the
remaining general partners to continue the business on the happening of an
event of withdrawal of a general partner; and

(m) Any other matters the
partners determine to include therein.

2. A limited partnership
is formed at the time of the filing of the certificate of limited partnership
in the office of the secretary of state or at any later time specified in the
certificate of limited partnership if, in either case, there has been
substantial compliance with the requirements of this section.

Sec. 9. 1. A certificate of limited partnership is
amended by filing a certificate of amendment thereto in the office of the
secretary of state. The certificate must set forth:

(a) The name of the
limited partnership;

(b) The date of filing of
the certificate; and

(c) The amendment to the
certificate.

2. Within 30 days
after the happening of any of the following events an amendment to a
certificate of limited partnership reflecting the occurrence of the event or
events must be filed:

(a) A change in the
amount or character of the contribution of any partner, or in any partners
obligation to make a contribution;

(b) The admission of a
new partner;

(c) The withdrawal of a
partner; or

(d) The continuation of
the business under section 43 of this act after an event of withdrawal of a
general partner.

3. A general
partner who becomes aware that any statement in a certificate of limited
partnership was false when made or that any arrangements or other facts
described have changed, making the certificate inaccurate in any respect, shall
promptly amend the certificate, but an amendment to show a change of address of
a limited partner need be filed only once every 12 months.

4. A certificate
of limited partnership may be amended at any time for any other proper purpose
the general partners may determine.

5. No person has
any liability because an amendment to a certificate of limited partnership has
not been filed to reflect the occurrence of any event referred to in subsection
2 if the amendment is filed within the 30-day period specified in subsection 2.

Sec. 10. A certificate of limited partnership must be canceled upon the
dissolution and the commencement of winding up of the partnership or at any
other time there are no limited partners. A certificate of cancellation must be
filed in the office of the secretary of state and set forth:

1. The name of the
limited partnership;

2. The date of
filing of its certificate of limited partnership;

3. The reason for
filing the certificate of cancellation;

4. The effective
date, which must be a date certain, of cancellation if it is not to be
effective upon the filing of the certificate; and

5. Any other
information the general partners filing the certificate determine.

Sec. 11. 1. Each certificate required by sections 8 to 16,
inclusive, of this act to be filed in the office of the secretary of state must
be executed in the following manner:

(a) An original
certificate of limited partnership must be signed by all partners named
therein;

(b) A certificate of
amendment must be signed by at least one general partner and by each other
partner designated in the certificate as a new partner or whose contribution is
described as having been increased; and

(c) A certificate of
cancellation must be signed by all general partners.

2. Any person may
sign a certificate by an attorney in fact, but a power of attorney to sign a
certificate relating to the admission, or increased contribution, of a partner
must specifically describe the admission or increase.

3. The execution
of a certificate by a general partner constitutes an affirmation under the
penalties of perjury that the facts stated therein are true.

Sec. 12. If a person required by section 11 of this act to execute a
certificate of amendment or cancellation fails or refuses to do so, any other
partner, and any assignee of a partnership interest, who is adversely affected
by the failure or refusal, may petition the district court to direct the
amendment or cancellation. If the court finds that the amendment or
cancellation is proper and that any person so designated has failed or refused
to execute the certificate, it shall order the secretary of state to record an
appropriate certificate of amendment or cancellation.

Sec. 13. 1. Two signed copies of the certificate of
limited partnership and of any certificates of amendment or cancellation or of
any judicial decree of amendment or cancellation must be delivered to the
secretary of state. A person who executes a certificate as an agent or
fiduciary need not exhibit evidence of his authority as a prerequisite to
filing. Unless the secretary of state finds that any certificate does not
conform to law, upon receipt of all filing fees required by law he shall:

(a) Endorse on each
duplicate original the word Filed and the day, month and year of the filing
thereof;

(b) File one duplicate
original in his office; and

(c) Return the other
duplicate original to the person who filed it or his representative.

2. Upon the filing
of a certificate of amendment or judicial decree of amendment in the office of
the secretary of state, the certificate of limited partnership is amended as
set forth therein, and upon the effective date of a certificate of cancellation
or a judicial decree thereof, the certificate of limited partnership is
canceled.

Sec. 14. If any certificate of limited partnership or certificate of
amendment or cancellation contains a false statement, one who suffers loss by
reliance on the statement may recover damages for the loss from:

1. Any person who
executes the certificate, or causes another to execute it on his behalf, and
knew, and any general partner who knew or should have known, the statement to
be false at the time the certificate was executed; and

2. Any general
partner who thereafter knows or should have known that any arrangement or other
fact described in the certificate has changed, making the statement inaccurate
in any respect within a sufficient time before the statement was relied upon
reasonably to have enabled that general partner to cancel or amend the certificate,
or to file a petition for its cancellation or amendment under section 12 of
this act.

Sec. 15. The fact that a certificate of limited partnership is on file
in the office of the secretary of state is notice that the partnership is a
limited partnership and the persons designated therein as limited partners are
limited partners, but it is not notice of any other fact.

Sec. 16. Upon the return by the secretary of state pursuant to section
13 of this act of a certificate marked Filed, the general partners shall
promptly deliver or mail a copy of the certificate of limited partnership and
each certificate of amendment or cancellation to each limited partner unless
the partnership agreement provides otherwise.

Sec. 17. 1. After the filing of a limited partnerships
original certificate of limited partnership, a person may be admitted as an additional
limited partner:

(a) In the case of a
person acquiring a partnership interest directly from the limited partnership,
upon the compliance with the partnership agreement or, if the partnership
agreement does not so provide, upon the written consent of all partners; and

(b) In the case of an
assignee of a partnership interest of a partner who has the power, as provided
in section 41 of this act, to grant the assignee the right to become a limited
partner, upon the exercise of that power and compliance with any conditions
limiting the grant or exercise of the power.

2. In each case
under subsection 1, the person acquiring the partnership interest becomes a
limited partner only upon amendment of the certificate of limited partnership
reflecting that fact.

Sec. 18. Subject to section 19 of this act, the partnership agreement
may grant to all or a specified group of the limited partners the right to vote
on a per capita or other basis upon any matter.

Sec. 19. 1. Except as provided in subsection 4, a limited
partner is not liable for the obligations of a limited partnership unless he is
also a general partner or, in addition to the exercise of his rights and powers
as a limited partner, he takes part in the control of the business. However, if
the limited partners participation in the control of the business is not
substantially the same as the exercise of the powers of a general partner, he
is liable only to persons who transact business with the limited partnership
with actual knowledge of his participation in control.

2. A limited
partner does not participate in the control of the business within the meaning
of subsection 1 solely by doing one or more of the following:

(a) Being a contractor
for or an agent or employee of the limited partnership or of a general partner;

(b) Consulting with and
advising a general partner with respect to the business of the limited
partnership;

(c) Acting as surety for
the limited partnership;

(d) Approving or
disapproving an amendment to the partnership agreement; or

(e) Voting on one or more
of the following matters:

(1) The
dissolution and winding up of the limited partnership;

(2) The sale,
exchange, lease, mortgage, pledge or other transfer of all or substantially all
of the assets of the limited partnership other than in the ordinary course of
its business;

(3) The incurrence
of indebtedness by the limited partnership other than in the ordinary course of
its business;

(4) A change in
the nature of the business; or

(5) The removal of
a general partner.

3. The enumeration
in subsection 2 does not mean that the possession or exercise of any other
powers by a limited partner constitutes participation by him in the business of
the limited partnership.

4. A limited
partner who knowingly permits his name to be used in the name of the limited
partnership, except under circumstances permitted by subsection 2 of section 3
of this act, is liable to creditors who extend credit to the limited
partnership without actual knowledge that the limited partner is not a general
partner.

Sec. 20. 1. Except as provided in subsection 2, a person
who makes a contribution to a business enterprise and erroneously but in good
faith believes that he has become a limited partner in the enterprise is not a
general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving
distributions from the enterprise, or exercising any rights of a limited
partner, if, on ascertaining the mistake, he:

its obligations by reason of making
the contribution, receiving distributions from the enterprise, or exercising
any rights of a limited partner, if, on ascertaining the mistake, he:

(a) Causes an appropriate
certificate of limited partnership or a certificate of amendment to be executed
and filed; or

(b) Withdraws from future
equity participation in the enterprise by executing and filing in the office of
the secretary of state a certificate declaring withdrawal under this section.

2. A person who
makes a contribution of the kind described in subsection 1 is liable as a
general partner to any third party who transacts business with the enterprise:

(a) Before the person
withdraws and an appropriate certificate is filed to show withdrawal; or

(b) Before an appropriate
certificate is filed to show his status as a limited partner and, in the case
of an amendment, after expiration of the 30-day period for filing an amendment
relating to the person as a limited partner under section 9 of this act, but in
either case only if the third party actually believed in good faith that the
person was a general partner at the time of the transaction.

Sec. 21. Each limited partner has the right to:

1. Inspect and
copy any of the partnership records required to be maintained by section 6 of
this act; and

2. Obtain from the
general partners from time to time upon reasonable demand:

(a) True and full
information regarding the state of the business and financial condition of the
limited partnership;

(b) Promptly after
becoming available, a copy of the limited partnerships federal, state and
local income tax returns for each year; and

(c) Other information
regarding the affairs of the limited partnership as is just and reasonable.

Sec. 22. After the filing of a limited partnerships original
certificate of limited partnership, additional general partners may be admitted
only with the specific written consent of each partner.

Sec. 23. Except as approved by the specific written consent of all
partners at the time, a person ceases to be a general partner of a limited
partnership upon the happening of any of the following events:

1. The general
partner withdraws from the limited partnership as provided in section 32 of
this act;

2. The general
partner ceases to be a member of the limited partnership as provided in section
39 of this act;

3. The general
partner is removed as a general partner in accordance with the partnership
agreement;

4. Unless
otherwise provided in the certificate of limited partnership, the general
partner:

(a) Makes an assignment
for the benefit of creditors;

(b) Files a voluntary
petition in bankruptcy;

(c) Is adjudicated a
bankrupt or insolvent;

(d) Files a petition or
answer seeking for himself any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any
statute, law or regulation;

arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any statute, law
or regulation;

(e) Files an answer or
other pleading admitting or failing to contest the material allegations of a
petition filed against him in any proceeding of this nature; or

(f) Seeks, consents to or
acquiesces in the appointment of a trustee, receiver or liquidator of the
general partner or of all or any substantial part of his properties;

5. Unless
otherwise provided in the certificate of limited partnership, 120 days after
the commencement of any proceeding against the general partner seeking
reorganization, arrangement, composition, readjustment, liquidation,
dissolution or similar relief under any statute, law or regulation, the
proceeding has not been dismissed, or if within 90 days after the appointment
without his consent or acquiescence of a trustee, receiver or liquidator of the
general partner or of all or any substantial part of his properties, the
appointment is not vacated or stayed, or within 90 days after the expiration of
any such stay, the appointment is not vacated;

6. In the case of
a general partner who is a natural person:

(a) His death; or

(b) The entry by a court
of competent jurisdiction adjudicating him incompetent to manage his person or
his estate;

7. In the case of
a general partner who is acting as a general partner by virtue of being a
trustee of a trust, the termination of the trust, but not merely the
substitution of a new trustee;

8. In the case of
a general partner that is a separate partnership, the dissolution and
commencement of winding up of the separate partnership;

9. In the case of
a general partner that is a corporation, the filing of a certificate of
dissolution, or its equivalent, for the corporation or the revocation of its
charter; or

10. In the case of
an estate, the distribution by the fiduciary of the estates entire interest in
the partnership.

Sec. 24. 1. Except as provided in this chapter or in the
partnership agreement, a general partner of a limited partnership has the
rights and powers and is subject to the restrictions of a partner in a
partnership without limited partners.

2. Except as
provided in this chapter, a general partner of a limited partnership has the
liabilities of a partner in a partnership without limited partners to persons
other than the partnership and the other partners. Except as provided in this
chapter or in the partnership agreement, a general partner of a limited
partnership has the liabilities of a partner in a partnership without limited
partners to the partnership and to the other partners.

Sec. 25. A general partner of a limited partnership may make
contributions to the partnership and share in the profits and losses of, and in
distributions from, the limited partnership as a general partner. A general
partner also may make contributions to and share in profits, losses and distributions as a limited partner.

losses and distributions as a limited
partner. A person who is both a general partner and a limited partner has the
rights and powers, and is subject to the restrictions and liabilities, of a
general partner and, except as provided in the partnership agreement, also has
the powers, and is subject to the restrictions, of a limited partner to the
extent of his participation in the partnership as a limited partner.

Sec. 26. The partnership agreement may grant to all or certain
identified general partners the right to vote on a per capita or any other
basis, separately or with all or any class of the limited partners, on any
matter.

Sec. 27. The contribution of a partner may be in cash, property or
services rendered, or a promissory note or other obligation to contribute cash
or property or to perform services.

Sec. 28. 1. Except as provided in the certificate of
limited partnership, a partner is obligated to the limited partnership to
perform any promise to contribute cash or property or to perform services, even
if he is unable to perform because of death, disability or any other reason. If
a partner does not make the required contribution of property or services, he
is obligated at the option of the limited partnership to contribute cash equal
to that portion of the value, as stated in the certificate of limited
partnership, of the stated contribution that has not been made.

2. Unless
otherwise provided in the partnership agreement, the obligation of a partner to
make a contribution or return money or other property paid or distributed in
violation of this chapter may be compromised only by consent of all the
partners. Notwithstanding the compromise, a creditor of a limited partnership
who extends credit, or whose claim arises, after the filing of the certificate
of limited partnership or an amendment thereto which, in either case, reflects
the obligation, and before the amendment or cancellation thereof to reflect the
compromise, may enforce the original obligation.

Sec. 29. The profits and losses of a limited partnership must be
allocated among the partners, and among classes of partners, in the manner
provided in the partnership agreement. If the partnership agreement does not so
provide, profits and losses must be allocated on the basis of the value, as
stated in the certificate of limited partnership, of the contributions made by
each partner to the extent they have been received by the partnership and have
not been returned.

Sec. 30. Distributions of cash or other assets of a limited partnership
must be allocated among the partners, and among classes of partners, in the
manner provided in the partnership agreement. If the partnership agreement does
not so provide, distributions must be made on the basis of the value, as stated
in the certificate of limited partnership, of the contributions made by each
partner to the extent they have been received by the partnership and have not
been returned.

Sec. 31. Except as provided in sections 31 to 38, inclusive, of this
act, a partner is entitled to receive distributions from a limited partnership
before his withdrawal from the limited partnership and before the dissolution
and winding up thereof:

1. To the extent
and at the times or upon the happening of the events specified in the
partnership agreement; and

2. If any
distribution constitutes a return of any part of his contribution under
subsection 3 of section 38 of this act, to the extent and at the times or upon
the happening of the events specified in the certificate of limited
partnership.

Sec. 32. A general partner may withdraw from a limited partnership at
any time by giving written notice to the other partners, but if the withdrawal
violates the partnership agreement, the limited partnership may recover from
the withdrawing general partner damages for breach of the partnership agreement
and offset the damages against the amount otherwise distributable to him.

Sec. 33. A limited partner may withdraw from a limited partnership at
the time or upon the happening of events specified in the certificate of
limited partnership and in accordance with the partnership agreement. If the
certificate does not specify the time or the events upon the happening of which
a limited partner may withdraw or a definite time for the dissolution and
winding up of the limited partnership, a limited partner may withdraw upon not
less than 6 months prior written notice to each general partner at his address
on the books of the limited partnership at its office in this state.

Sec. 34. Except as provided in sections 31 to 38, inclusive, of this
act, upon withdrawal any withdrawing partner is entitled to receive any
distribution to which he is entitled under the partnership agreement and, if
not otherwise provided in the agreement, he is entitled to receive, within a
reasonable time after withdrawal, the fair value of his interest in the limited
partnership as of the date of withdrawal based upon his right to share in
distributions from the limited partnership.

Sec. 35. Except as provided in the certificate of limited partnership,
a partner, regardless of the nature of his contributions, has no right to
demand and receive any distribution from a limited partnership in any form
other than cash. Except as provided in the partnership agreement, a partner may
not be compelled to accept a distribution of any asset in kind from a limited
partnership to the extent that the percentage of the asset distributed to him
exceeds a percentage of that asset which is equal to the percentage in which he
shares in distributions from the limited partnership.

Sec. 36. At the time a partner becomes entitled to receive a
distribution, he has the status of, and is entitled to all remedies available
to, a creditor of the limited partnership with respect to the distribution.

Sec. 37. A partner may not receive a distribution from a limited
partnership to the extent that, after giving effect to the distribution, all
liabilities of the limited partnership, other than liabilities to partners on account of their partnership interests, exceed the fair value
of the partnership assets.

account of their partnership interests,
exceed the fair value of the partnership assets.

Sec. 38. 1. If a partner has received the return of any
part of his contribution without violation of the partnership agreement or this
chapter, he is liable to the limited partnership for a period of 1 year
thereafter for the amount of the returned contribution, but only to the extent
necessary to discharge the limited partnerships liabilities to creditors who
extended credit to the limited partnership during the period the contribution
was held by the partnership.

2. If a partner
has received the return of any part of his contribution in violation of the
partnership agreement or this chapter, he is liable to the limited partnership
for a period of 6 years thereafter for the amount of the contribution
wrongfully returned.

3. A partner
receives a return of his contribution to the extent that a distribution to him
reduces his share of the fair value of the net assets of the limited
partnership below the value, as set forth in the certificate of limited
partnership, of his contribution which has not been distributed to him.

Sec. 39. Except as provided in the partnership agreement, a partnership
interest is assignable in whole or in part. An assignment of a partnership
interest does not dissolve a limited partnership or entitle the assignee to
become or to exercise any rights of a partner. An assignment entitles the
assignee to receive, to the extent assigned, only the distribution to which the
assignor would be entitled. Except as provided in the partnership agreement, a
partner ceases to be a partner upon assignment of all his partnership interest.

Sec. 40. On application to a court of competent jurisdiction by any
judgment creditor of a partner, the court may charge the partnership interest
of the partner with payment of the unsatisfied amount of the judgment with
interest. To the extent so charged, the judgment creditor has only the rights
of an assignee of the partnership interest. This chapter does not deprive any
partner of the benefit of any exemption laws applicable to his partnership
interest.

Sec. 41. 1. An assignee of a partnership interest,
including an assignee of a general partner, may become a limited partner if and
to the extent that:

(a) The assignor gives
the assignee that right in accordance with authority described in the
certificate of limited partnership; or

(b) All other partners
consent.

2. An assignee who
has become a limited partner has, to the extent assigned, the rights and
powers, and is subject to the restrictions and liabilities, of a limited
partner under the partnership agreement and this chapter. An assignee who becomes
a limited partner also is liable for the obligations of his assignor to make
and return contributions as provided in sections 31 to 38, inclusive, of this
act. However, the assignee is not obligated for liabilities unknown to the
assignee at the time he became a limited partner and which could not be
ascertained from the certificate of limited partnership.

3. If an assignee
of a partnership interest becomes a limited partner, the assignor is not
released from his liability to the limited partnership under sections 14 and 28
of this act.

Sec. 42. If a partner who is a natural person dies or a court of competent
jurisdiction adjudges him to be incompetent to manage his person or his
property, the partners executor, administrator, guardian, conservator or other
legal representative may exercise all of the partners rights for the purpose
of settling his estate or administering his property, including any power the
partner had to give an assignee the right to become a limited partner. If a
partner is a corporation, trust or other entity and is dissolved or terminated,
the powers of that partner may be exercised by its legal representative or
successor.

Sec. 43. A limited partnership is dissolved and its affairs must be
wound up upon the happening of the first to occur of the following:

1. At the time or
upon the happening of events specified in the certificate of limited
partnership;

2. Written consent
of all partners;

3. An event of
withdrawal of a general partner unless at the time there is at least one other
general partner and the certificate of limited partnership permits the business
of the limited partnership to be carried on by the remaining general partner
and that partner does so, but the limited partnership is not dissolved and is
not required to be wound up by reason of any event of withdrawal if, within 90
days after the withdrawal, all partners agree in writing to continue the
business of the limited partnership and to the appointment of one or more
additional general partners if necessary or desired; or

4. Entry of a
decree of judicial dissolution under section 44 of this act.

Sec. 44. On application by or for a partner the district court may
decree dissolution of a limited partnership whenever it is not reasonably
practicable to carry on the business in conformity with the partnership
agreement.

Sec. 45. Except as provided in the partnership agreement, the general
partners who have not wrongfully dissolved a limited partnership or, if none,
the limited partners, may wind up the limited partnerships affairs; but the
district court may wind up the limited partnerships affairs upon application
of any partner, his legal representative or assignee.

Sec. 46. Upon the winding up of a limited partnership, the assets must
be distributed as follows:

1. To creditors,
including partners who are creditors, to the extent otherwise permitted by law,
in satisfaction of liabilities of the limited partnership other than
liabilities for distributions to partners under section 31 or 34 of this act;

2. Except as provided
in the partnership agreement, to partners and former partners in satisfaction
of liabilities for distributions under section 31 or 34 of this act; and

3. Except as
provided in the partnership agreement, to partners, first, for the return of
their contributions and second, respecting their partnership interests, in the
proportions in which the partners share in distributions.

Sec. 47. Subject to the constitution of this state:

1. The laws of the
state under which a foreign limited partnership is organized govern its
organization and internal affairs and the liability of its limited partners;
and

2. A foreign
limited partnership may not be denied registration by reason of any difference
between those laws and the laws of this state.

Sec. 48. Before transacting business in this state, a foreign limited
partnership shall register with the secretary of state. In order to register, a
foreign limited partnership shall submit to the secretary of state, in
duplicate, an application for registration as a foreign limited partnership,
signed and sworn to by a general partner and setting forth:

1. The name of the
foreign limited partnership and, if different, the name under which it proposes
to register and transact business in this state;

2. The state and
date of its formation;

3. The general
character of the business it proposes to transact in this state;

4. The name and
address of any agent for service of process on the foreign limited partnership
whom the foreign limited partnership elects to appoint; the agent must be a
natural person who is a resident of this state, a domestic corporation or a
foreign corporation having a place of business in, and authorized to do
business in this state;

5. A statement
that the secretary of state is appointed the agent of the foreign limited
partnership for service of process if no agent has been appointed pursuant to
subsection 4 or, if appointed, the agents authority has been revoked or if the
agent cannot be found or served with the exercise of reasonable diligence;

6. The address of
the office required to be maintained in the state of its organization by the
laws of that state or, if not so required, of the principal office of the
foreign limited partnership; and

7. If the
certificate of limited partnership filed in the foreign limited partnerships
state of organization is not required to include the names and business
addresses of the partners, a list of the names and addresses.

Sec. 49. 1. If the secretary of state finds that an
application for registration conforms to law and all requisite fees have been
paid, he shall:

(a) Endorse on the
application the word Filed, and the month, day and year of the filing
thereof;

(b) File in his office a
duplicate original of the application; and

(c) Issue a certificate
of registration to transact business in this state.

2. The certificate
of registration, together with a duplicate original of the application, must be
returned to the person who filed the application or his representative.

Sec. 50. A foreign limited partnership may register with the secretary
of state under any name, whether or not it is the name under which it is
registered in its state of organization, that includes without abbreviation the
words limited partnership and that could be registered by a domestic limited
partnership.

Sec. 51. If any statement in the application for registration of a
foreign limited partnership was false when made or any arrangements or other
facts described have changed, making the application inaccurate in any respect,
the foreign limited partnership shall promptly file in the office of the
secretary of state a certificate, signed and sworn to by a general partner,
correcting such statement.

Sec. 52. A foreign limited partnership may cancel its registration by
filing with the secretary of state a certificate of cancellation signed and
sworn to by a general partner. A cancellation does not terminate the authority
of the secretary of state to accept service of process on the foreign limited
partnership with respect to causes of action arising out of the transactions of
business in this state.

Sec. 53. 1. A foreign limited partnership transacting
business in this state may not maintain any action, suit or proceeding in any
court of this state until it has registered in this state.

2. The failure of
a foreign limited partnership to register in this state does not impair the
validity of any contract or act of the foreign limited partnership or prevent
the foreign limited partnership from defending any action, suit or proceeding
in any court of this state.

3. A limited
partner of a foreign limited partnership is not liable as a general partner of
the foreign limited partnership solely by reason of having transacted business
in this state without registration.

4. A foreign
limited partnership, by transacting business in this state without
registration, appoints the secretary of state as its agent for service of
process with respect to causes of action arising out of the transaction of
business in this state.

Sec. 54. The attorney general may bring an action to restrain a foreign
limited partnership from transacting business in this state in violation of
sections 47 to 54, inclusive, of this act.

Sec. 55. A limited partner may bring an action in the right of a
limited partnership to recover a judgment in its favor if general partners with
authority to do so have refused to bring the action or if an effort to cause
those general partners to bring the action is not likely to succeed.

Sec. 56. In a derivative action, the plaintiff must be a partner at the
time of bringing the action and:

1. At the time of
the transaction of which he complains; or

2. His status as a
partner had devolved upon him by operation of law or pursuant to the terms of
the partnership agreement from a person who was a partner at the time of the
transaction.

Sec. 57. In a derivative action, the complaint must set forth with
particularity the effort of the plaintiff to secure initiation of the action by
a general partner or the reasons for not making the effort.

Sec. 58. If a derivative action is successful, in whole or in part, or
if anything is received by the plaintiff as a result of a judgment, compromise
or settlement of an action or claim, the court may award the plaintiff
reasonable expenses, including reasonable attorneys fees, and shall direct him
to remit to the limited partnership the remainder of those proceeds received by
him.

Sec. 59. The legislature intends that this chapter be so applied and
construed to effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it.

Sec. 60. In any case not provided for in this chapter, the provisions
of chapter 87 of NRS govern.

Sec. 61. The secretary of state may microfilm any document which is
filed in his office by or relating to a limited partnership pursuant to this
chapter and may return the original document to the filer.

Sec. 62. 1. Each limited partnership organized under the
laws of this state shall, on or before the last day of the month in which the
anniversary date of the filing of its certificate of limited partnership occurs
in each year, file with the secretary of state a list of its general partners
and a designation of its agent in this state for service of process, certified
by a general partner of the limited partnership. The list must, after the name
of each general partner listed thereon, set forth his post office box or street
address.

2. If addresses
are not thus stated for all listed partners on any list offered for filing, the
secretary of state may refuse to file it, and the limited partnership for which
the list has been offered for filing is subject to all the provisions relating
to failure to file such a list within or at the times specified, unless such a
list is subsequently submitted for filing conformably to the provisions of
section 63 of this act.

3. The secretary
of state shall, 60 days before the last day for filing the list required by
subsection 1, cause to be mailed to each limited partnership required to comply
with the provisions of this section which has not become delinquent the blank
forms to be completed and filed with the secretary of state. Failure of any
limited partnership to receive the forms does not excuse it from the penalty
imposed by section 63 of this act.

Sec. 63. 1. When the annual fee for filing the list has
been paid, the canceled check received by the limited partnership constitutes a
certificate authorizing it to transact its business within this state until the
anniversary date of the filing of its certificate of limited partnership in the
next succeeding calendar year. If the limited partnership desires a formal
certificate upon its payment of the annual fee, its payment must be accompanied
by a self-addressed, stamped envelope.

2. Each limited
partnership which refuses or neglects to file the list and pay the fee within
the time provided is in default.

3. For default
there must be added to the amount of the fee a penalty of $10, and unless the
filings are made and the fee and penalty are paid on or before the 1st day of
the 9th month following the month in which filing
was required, the defaulting limited partnership, by reason of its default,
forfeits:

which filing was required, the
defaulting limited partnership, by reason of its default, forfeits:

(a) The amount of the fee
and penalty to the State of Nevada; and

(b) Its right to transact
any business within this state.

Sec. 64. 1. On or before the 15th day of the 3rd month
following the month in which filing was required, the secretary of state shall
compile a complete list of all defaulting limited partnerships, together with
the amount of the filing fee, penalties and costs remaining unpaid.

2. Immediately
after the 1st day of the 9th month following the month in which filing was
required, the secretary of state shall compile a complete list containing the
names of all limited partnerships whose right to do business has been
forfeited. The secretary of state shall notify each limited partnership of the
forfeiture of its certificate.

3. In case of
forfeiture of the certificate and of the right to transact business thereunder,
all the property and assets of the defaulting domestic limited partnership are
held in trust by the general partners, and the same proceedings may be had with
respect thereto as for the judicial dissolution of a limited partnership. Any
person interested may institute proceedings at any time after a forfeiture has
been declared, but if the secretary of state reinstates the limited partnership
the proceedings must at once be dismissed and all property restored to the
general partners.

Sec. 65. 1. Subject to the provisions of subsection 3, the
secretary of state may:

(a) Reinstate any limited
partnership which has forfeited its right to transact business; and

(b) Restore to the
limited partnership its right to carry on business in this state, and to
exercise its privileges and immunities,

upon the filing with the secretary of
state of an affidavit stating the reason for the revocation of its certificate,
and upon payment to the secretary of state of all filing fees, licenses,
penalties, costs and expenses due and in arrears at the time of the revocation,
and also all filing fees, licenses and penalties which have accrued since the
revocation.

2. When payment is
made and the secretary of state reinstates the limited partnership to its
former rights he shall:

(a) Immediately issue and
deliver to the limited partnership a certificate of reinstatement authorizing
it to transact business as if the filing fee had been paid when due; and

(b) Upon demand, issue to
the limited partnership one or more certified copies of the certificate of
reinstatement.

3. The secretary
of state shall not order a reinstatement unless all delinquent fees, penalties
and costs have been paid, and the revocation occurred only by reason of failure
to pay the fees, penalties and costs.

Sec. 66. The secretary of state, for services relating to his official
duties and the records of his office, shall charge and collect the following
fees:

4. For filing the
annual list of general partners and designation of resident agent, $30.

5. For certifying
a certificate of limited partnership, an amendment to the certificate, or a
certificate as amended where a copy is provided, $5.

6. For certifying
an authorized printed copy of the limited partnership law, $5.

7. For certifying
the reservation of a limited partnership name, $5.

8. For executing
any other certificate, $10.

9. For comparing
any document or paper submitted for certification, with the record thereof, to
ascertain whether any corrections are required to be made before certifying, 20
cents for each folio of 100 words of each document or paper compared.

10. For copies
made at the office of the secretary of state from microfiche, $1 per page.

Sec. 67. NRS 88.300 is
hereby amended to read as follows:

88.300 1. A limited
partnership formed under any statute of this state prior to July 1, 1931, may
become a limited partnership under this chapter by complying with the
provisions of [NRS 88.030; provided]this chapter if the certificate sets forth:

(a) The amount of the original contribution of
each limited partner, and the time when the contribution was made; and

(b) That the property of the partnership exceeds
the amount sufficient to discharge its liabilities to persons not claiming as
general or limited partners by an amount greater than the sum of the
contributions of its limited partners.

2. A limited partnership formed under any
statute of this state prior to July 1, 1931, until or unless it becomes a
limited partnership under this chapter, shall continue to be governed by the
provisions of chapter 60, Laws of Nevada Territory 1862, entitled An Act to
authorize the formation of Limited Partnerships, approved December 19, 1862,
except that such a partnership [shall]must not
be renewed unless so provided in the original agreement.

Sec. 68. NRS 463.4865 is
hereby amended to read as follows:

463.4865 Limited partnership interest
means the right of a general or limited partner to receive from a limited
partnership:

1. A share of the profits;

2. Any other compensation by way of
income; or

3. A return of any or all of his
contribution to capital of the limited partnership [;
or

4. The],

or the right to exercise any
of the rights or powers [enumerated in NRS 88.100
and 88.110,]provided in chapter 88 of
NRS, whether directly or indirectly.

Sec. 69. NRS 520.260 is hereby
amended to read as follows:

520.260 Nothing contained in NRS 520.160
to 520.250, inclusive, [shall prevent]prevents persons described in NRS 520.160 from forming a partnership under either [the Uniform Partnership Act
(chapter 87 of NRS) or the Uniform Limited Partnership Act (chapter 88 of
NRS).]

forming a partnership under either [the
Uniform Partnership Act (chapter 87 of NRS) or the Uniform Limited Partnership
Act (chapter 88 of NRS).]chapter 87 or
chapter 88 of NRS.

Sec. 70. NRS 88.020 to
88.290, inclusive, are hereby repealed.

Sec. 71. 1. All
county recorders shall submit by September 1, 1986, to the secretary of state a
complete list of all foreign and domestic limited partnerships on file,
containing:

(a) The name; and

(b) The address of principal place of business,

and a similar list on October 1, November 1, December 1 and
January 1 for the preceding month.

2. The secretary of state shall reserve
the names of all limited partnerships on the recorders lists until July 1,
1987, when the reservation expires unless an application is filed under section
4, or a certificate is filed under section 8, of this act.

3. On or before January 31, 1987, the
secretary of state shall mail a notice to all limited partnerships on the
recorders lists at their principal places of business that each must comply
with the provisions of this act by July 1, 1987. Except as provided in
subsection 4, failure so to comply bars such a limited partnership from
maintaining any action, suit or proceeding in any court of this state until it
has complied.

4. Any limited partnership which has,
before January 1, 1987, recorded a certificate in a county of this state, but
to which a notice is not timely mailed pursuant to subsection 3, shall be
deemed to be in compliance with the provisions of this act for 60 days after it
receives actual notice of the requirements for compliance with the provisions
of this act.

5. The secretary of state and all county
recorders are not civilly liable for any act or omission in carrying out any
duty imposed by this section.

Sec. 72. 1. This
section and section 71 of this act become effective on July 1, 1985, to require
the secretary of state to prepare for his duties under the act and the
respective county recorders to perform their duties under section 71.

2. Except as provided in subsection 3,
sections 1 to 70, inclusive, of this act become effective on January 1, 1987.

3. Sections 1 to 70, inclusive, of this
act become effective on July 1, 1987, with respect to each limited partnership
whose name appears on one of the lists submitted pursuant to section 71.

________

κ1985
Statutes of Nevada, Page 1298κ

CHAPTER 446, AB 499

Assembly Bill No. 499Committee
on Judiciary

CHAPTER 446

AN ACT relating to support of children;
creating a statutory duration for the obligation; and providing other matters
properly relating thereto.

[Approved May 31, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 125.510 is
hereby amended to read as follows:

125.510 1. In determining
custody of a minor child in an action brought under this chapter, the court
may:

(a) During the pendency of the action, [or] at the final hearing or at any time
thereafter during the minority of any of the children of the marriage, make
such an order for the custody, care, education, maintenance and support of the
minor children as appears in their best interest; and

(b) At any time modify or vacate its order, even
if the divorce was obtained by default without an appearance in the action by
one of the parties.

The party seeking such an order shall submit to the
jurisdiction of the court for the purposes of this subsection. The court may
make such an order upon the application of one of the parties or the legal
guardian of the minor.

2. Any order for joint custody may be
modified or terminated by the court upon the petition of one or both parents or
on the courts own motion if it is shown that the best interest of the child
requires the modification or termination. The court shall state in its decision
the reasons for the order of modification or termination if either parent
opposes it.

3. Any order for custody of a minor child
or children of a marriage entered by a court of another state may, subject to
the jurisdictional requirements in chapter 125A of NRS, be modified at any time
to an order of joint custody.

4. All orders authorized by this section
must be made in accordance with the provisions of chapter 125A of NRS.

5. Except where a contract providing
otherwise has been executed pursuant to NRS 123.080, the obligation for care,
education, maintenance and support of any minor child created by any order
entered [under]pursuant to this section ceases [upon]:

(a) Upon the death
of the person to whom the order was directed [.]; or

(b) When the child
reaches 18 years of age if he is no longer enrolled in high school, otherwise,
when he reaches 19 years of age.

________

κ1985
Statutes of Nevada, Page 1299κ

CHAPTER 447, SB 452

Senate Bill No. 452Committee
on Judiciary

CHAPTER 447

AN ACT relating to gambling; authorizing a
requirement for certain casinos to report all transactions involving cash;
providing a penalty; and providing other matters properly relating thereto.

[Approved May 31, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 463 of
NRS is hereby amended by adding thereto a new section to read as follows:

The commission may, for the
purpose of obtaining an exemption from the requirements of the Department of
Treasury on reporting and keeping of records by casinos, require nonrestricted
licensees with an annual gross revenue of $1,000,000 or more to report and keep
records of all transactions involving cash.

Sec. 2. NRS 463.310 is
hereby amended to read as follows:

463.310 1. The board shall
make appropriate investigations:

(a) To determine whether there has been any
violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations
adopted thereunder.

(b) To determine any facts, conditions,
practices or matters which it may deem necessary or proper to aid in the
enforcement of any such law or regulation.

(c) To aid in adopting regulations.

(d) To secure information as a basis for
recommending legislation relating to this chapter, chapter 464 or chapter 465
of NRS.

(e) As directed by the commission.

2. If, after any investigation the board
is satisfied that a license, registration, finding of suitability, pari-mutuel
license or prior approval by the commission of any transaction for which the
approval was required or permitted under the provisions of this chapter or
chapter 464 of NRS should be limited, conditioned, suspended or revoked, it
shall initiate a hearing before the commission by filing a complaint with the
commission in accordance with NRS 463.312 and transmit therewith a summary of evidence
in its possession bearing on the matter and the transcript of testimony at any
investigative hearing conducted by or on behalf of the board.

3. Upon receipt of the complaint of the
board, the commission shall review it and all matter presented in support
thereof, and, if satisfied that probable grounds exist for disciplinary or
other action, shall conduct further proceedings in accordance with NRS 463.3125
to 463.3145, inclusive. If the commission is not satisfied that probable
grounds exist for disciplinary or other action, it may order the complaint
withdrawn without prejudice to the filing of another complaint after further
investigation and reconsideration by the board.

4. After the provisions of subsections 1,
2 and 3 have been complied with, the commission may:

(a) Limit, condition, suspend or revoke the
license of any licensed gaming establishment or the individual license of any
licensee without affecting the license of the establishment;

(b) Limit, condition, suspend or revoke any
registration, finding of suitability, pari-mutuel license, or prior approval
given or granted to any applicant by the commission;

(c) Order a licensed gaming establishment to
keep an individual licensee from the premises of the licensed gaming
establishment or not to pay the licensee any remuneration for services or any
profits, income or accruals on his investment in the licensed gaming
establishment; and

(d) Fine each person or entity or both, who was
licensed, registered or found suitable pursuant to this chapter or chapter 464
of NRS or who previously obtained approval for any act or transaction for which
commission approval was required or permitted under the provisions of this
chapter or chapter 464 of NRS [,]:

(1) Not less than
$10,000 nor more than $250,000 for each separate violation of any regulation
adopted pursuant to section 1 of this act which is the subject of an initial or
subsequent complaint; or

(2) Except as
otherwise provided in subparagraph 1 of this paragraph, not more than
$100,000 for each separate violation of the provisions of this chapter, chapter
464, or chapter 465 of NRS or of the regulations of the commission which is the
subject of an initial complaint and not more than $250,000 for each separate
violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS
or of the regulations of the commission which is the subject of any subsequent
complaint.

All fines must be paid to the state treasurer for deposit in
the state general fund.

5. For the second violation of any [provisions]provision
of chapter 465 of NRS by any licensed gaming establishment or individual
licensee, the commission shall revoke the license of the establishment or
person.

6. If the commission limits, conditions,
suspends or revokes any license or imposes a fine, or limits, conditions,
suspends or revokes any registration, finding of suitability, pari-mutuel
license or prior approval, it shall issue its written order therefor after
causing to be prepared and filed its written decision upon which the order is
based.

7. Any such limitation, condition,
revocation, suspension or fine so made is effective until reversed upon
judicial review, except that the commission may stay its order pending a
rehearing or judicial review upon such terms and conditions as it deems proper.

8. Judicial review of any such order or
decision of the commission may be had in accordance with NRS 463.315 to
463.318, inclusive.

Sec. 3. NRS 463.360 is
hereby amended to read as follows:

463.360 1. Conviction by a
court of competent jurisdiction of a person for a
violation of, an attempt to violate, or a conspiracy to violate any of the
provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an
immediate revocation of all licenses which have been issued to the violator,
and, in addition, the court may, upon application of the district attorney of
the county or of the commission, order that no new or additional license under
this chapter be issued to [such] the violator, or be issued to any person for
the room or premises in which [such] the violation occurred, for 1 year after
the date of [such] the revocation.

person for a violation of, an attempt to violate, or a
conspiracy to violate any of the provisions of this chapter or of chapter 463B,
464 or 465 of NRS may act as an immediate revocation of all licenses which have
been issued to the violator, and, in addition, the court may, upon application
of the district attorney of the county or of the commission, order that no new
or additional license under this chapter be issued to [such]the violator, or be issued to any person for the
room or premises in which [such]the violation occurred, for 1 year after the date of [such]the revocation.

2. Any person who willfully fails to
report, pay or truthfully account for and pay over any license fee or tax
imposed by the provisions of this chapter, or willfully attempts in any manner
to evade or defeat any such license fee, tax or payment thereof shall be
punished by imprisonment in the state prison for not less than 1 year nor more
than 6 years, or by a fine of not more than $5,000, or by both fine and
imprisonment.

3. Except as provided in subsection 4,
any person who willfully violates, attempts to violate, or conspires to violate
any of the provisions of subsection 1 of NRS 463.160 shall be punished by
imprisonment in the state prison for not less than 1 year nor more than 20
years, by a fine of not more than $50,000, or by both fine and imprisonment.

4. A licensee who puts additional games
or slot machines into play or displays additional games or slot machines in a
public area without first obtaining all required licenses and approval is
subject only to the penalties provided in NRS 463.270 and 463.310 and in any
applicable ordinance of the county, city or town.

5. Any person who
willfully violates any provision of a regulation adopted pursuant to section 1
of this act shall be punished by imprisonment in the state prison for not less
than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by
both fine and imprisonment.

6. The
violation of any of the provisions of this chapter, the penalty for which is
not specifically fixed in this chapter, is a gross misdemeanor.

________

CHAPTER 448, SB 354

Senate Bill No. 354Committee
on Natural Resources

CHAPTER 448

AN ACT relating to geothermal resources;
clarifying the powers and duties of the state engineer and the director of the
department of minerals; and providing other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 533.030 is
hereby amended to read as follows:

533.030 1. Subject to
existing rights, all [such] water
may be appropriated for beneficial use as provided in
this chapter and not otherwise.

appropriated for beneficial use as provided in this chapter
and not otherwise.

2. The use of water, from any stream
system as provided in this chapter and from underground water as provided in
NRS 534.080, for any recreational purpose, is hereby declared to be a
beneficial use.

[3. The use
of ground water for its energy, including heat and pressure, is a beneficial
use of the groundwater, whether it is accomplished through an actual diversion,
for which a water right must be obtained, or a process which is not
diversionary but extracts heat, for which a water right may be obtained to
protect utilization of the energy produced by groundwater.]

(b) Artesian well means a well tapping an
aquifer underlying an impervious material in which the static water level in
the well stands above where it is first encountered in the aquifer.

(c) Domestic use extends to culinary and
household purposes, in a single-family dwelling, the watering of a family
garden, lawn, and the watering of domestic animals. [The
term also includes the use of geothermal resources for domestic heating
purposes.]

(d) Percolating waters are underground waters,
the course and boundaries of which are incapable of determination.

(e) Person includes any municipal corporation,
power district, political subdivision of this or any state, or an agency of the
United States Government.

(f) Waste [is
defined as]means causing,
suffering or permitting any artesian well to discharge water unnecessarily
above or below the surface of the ground so that the waters thereof are lost
for beneficial use or in any canal or ditch conveying water from a well where
the loss of water in transit is more than 20 percent of the amount of the water
discharged from the well.

(g) Well driller means any person who drills a
well or wells, for compensation or otherwise.

(h) Well drilling or drilling a well are
synonymous, and mean drilling or boring new wells, placing casing in wells,
cleaning and repairing existing wells, cementing wells and doing all other
things normally associated with the construction or rehabilitation of wells.

2. As used in this chapter, the terms
underground water and ground water are synonymous.

Sec. 3. NRS 534.180 is
hereby amended to read as follows:

534.180 1. Except as
provided in subsection 2 and as to the furnishing of any information required
by the state engineer, this chapter does not apply in the matter of obtaining
permits for the development and use of underground water from a well for
domestic purposes where the draught does not exceed a daily maximum of 1,800
gallons.

2. The state engineer may designate any
ground water basin or portion thereof as a basin in which the registration of a
well is required if the well is drilled for the development and use of
underground water for domestic purposes. A driller who drills such a well shall
register the information required by the state engineer within 10 days after
the completion of the well. The state engineer shall make available forms for
the registration of such wells and shall maintain a register of those wells.

3. The state engineer may require the
plugging of such a well which is drilled on or after July 1, 1981, at any time
not sooner than 1 year after water can be furnished to the site by:

(a) A political subdivision of this state; or

(b) A public utility whose rates and service are
regulated by the public service commission of Nevada,

but only if the charge for making the connection to the
service is less than $200.

[4. Geothermal
wells are not subject to the provisions of this chapter or the regulations of
the state engineer, except as provided in chapter 534A of NRS.]

Sec. 4. NRS 534A.031 is
hereby amended to read as follows:

534A.031 Exploration and subsurface
information obtained as a result of a geothermal project [shall]must be
filed with the [state engineer]department of minerals within 30 days after it is
accumulated. The information is confidential for a period of 5 years [from]after the
date of filing and [shall]may not be disclosed during that time without the
express written consent of the operator of the project [.], except that it must be made available by the
department to the state engineer or any other agency of the state upon request.
The state engineer or other agency shall keep the information confidential.

Sec. 5. NRS 534A.040 is
hereby amended to read as follows:

534A.040 Any consumptive use of water
brought to the surface outside of a geothermal well is subject to the
appropriation procedures of chapters 533 and 534 of NRS [.], except for:

1. Any water removed
from an aquifer or geothermal reservoir to develop and obtain geothermal
resources if the water is returned to or reinjected in the same aquifer or
reservoir; or

2. The reasonable
loss of water during a test of a geothermal well or because of the temporary
failure of a system for reinjection.

Sec. 6. NRS 534A.060 is
hereby amended to read as follows:

534A.060 1. No person may
drill or operate a geothermal well or drill an
exploratory well without first obtaining a permit from the executive director
of the department of minerals and complying with the conditions of the permit.

2. An application must contain such
information as the executive director requires by regulation.

534A.070 1. [Upon approval by the state engineer,]The executive director of the department of minerals shall
approve or reject an application for a permit to drill an exploratory well
within 10 days after he receives the application in proper form. Such a permit
must not be effective for more than 2 years, but may be extended by the
executive director.

2. Upon receipt of
an application for a permit to drill or operate a geothermal well, the
executive director shall transmit copies of the application to the state
engineer, the administrator of the division of environmental protection of the
state department of conservation and natural resources and the director of the
department of wildlife. After consultation with the state engineer, the
administrator and the director, respectively, the executive director [of the department of minerals] may issue
a permit to drill or operate a geothermal well if [he
determines]it is determined that
issuance of a permit is consistent with:

(a) The policies specified in NRS 445.132 and
445.401;

(b) The purposes of chapters 533 and 534 of NRS;
and

(c) [The
limitations established pursuant to NRS 445.247.

2.]The purposes specified in chapter 501 of NRS.

3. The executive
director shall approve or reject the application to drill or operate a
geothermal well within 60 days after he receives it in proper form, unless it
is determined that a conflict exists pursuant to subsection 2 or a public
hearing is necessary pursuant to subsection 4. Notice of the conflict or need
for a public hearing must be provided to the applicant within the 60-day
period.

4. The state
engineer and the executive director of the department of minerals may hold
public hearings jointly or separately to gather such evidence or information as
they deem necessary for a full understanding of all the rights involved and to
guard properly the public interest.

5. A permit
issued pursuant to this section must include any conditions:

(a) Deemed necessary by the executive director
to carry out the purposes of this section; and

(b) Imposed by the state engineer [.]consistent
with chapters 533 and 534 of NRS.

Sec. 8. NRS 534A.080 is
hereby amended to read as follows:

534A.080 1. The commission
on mineral resources shall impose and collect a fee [from
persons who have been granted permits to drill or operate geothermal wells.]for examining and filing an application for a permit to
drill or operate a geothermal well or to drill an exploratory well. The
fee must be deposited in the fund for regulation of geothermal wells, which is
hereby created in the state treasury as a special revenue fund.

2. The fee may be based in part on the
number of acres of land being used by the person who holds the permit.

3. The commission and the department of
minerals may use the money in the fund to administer the provisions of this
chapter.

(a) Investigate and determine the net proceeds
of all operating mines and assess them as provided in NRS 362.100 to 362.240,
inclusive.

(b) Appraise and assess all reduction, smelting
and milling works, plants and facilities, whether or not associated with a
mine, and all supplies, machinery, equipment, apparatus, facilities, buildings,
structures and other improvements used in connection with any mining,
reduction, smelting or milling operation as provided in chapter 361 of NRS.

2. As used in this section, net proceeds
of all operating mines includes the proceeds of all:

(a) Operating mines;

(b) Operating oil and gas wells;

(c) Operations extracting geothermal [steam]resources for
profit [;],
except an operation which uses natural hot water to enhance the growth of
animal or plant life; and

(d) Operations extracting minerals from natural
solutions.

Sec. 10. NRS 534A.020 is
hereby repealed.

Sec. 11. This act becomes
effective upon passage and approval.

________

CHAPTER 449, SB 256

Senate Bill No. 256Committee
on Finance

CHAPTER 449

AN ACT relating to higher education;
creating a committee to study methods of funding; providing for its
organization, powers and duties; making an appropriation; and providing other matters
properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
committee to study the funding of higher education, consisting of nine voting
members and five nonvoting members, is hereby created.

2. The following persons shall serve as
voting members of the committee:

(a) Three members of the senate of the 63rd
session of the Nevada legislature, appointed by the majority leader of the
senate;

(b) Three members of the assembly of the 63rd
session of the Nevada legislature, appointed by the speaker of the assembly;
and

(c) Three members of the board of regents,
appointed by the chairman of that board.

3. The governor shall appoint the
following persons to serve as the nonvoting members of the committee:

(b) One person who is employed in the budget
division of the department of administration; and

(c) Three persons who are employed by the
University of Nevada System.

4. The chairman of the legislative
commission shall designate one of the members as chairman of the committee.

5. The director of the legislative
counsel bureau shall provide the necessary professional staff and a secretary
for the committee.

6. The voting members of the committee
who are legislators are entitled to receive a salary for each day or portion of
a day of attendance at a meeting of the committee in an amount equal to the
salary established for the members of the legislative commission and the travel
expenses and per diem allowance provided by law for members of the standing
committees of the legislature. The three members of the board of regents are
entitled to receive travel expenses and a per diem allowance at the rates
established in NRS 396.070.

Sec. 2. The committee shall:

1. Compare the existing method of funding
higher education in Nevada with the methods used in other states; and

2. Determine whether the other methods
would be appropriate and useful in Nevada.

Sec. 3. The committee may
hold public hearings at such times and places as it deems necessary to afford
the general public and representatives of governmental agencies and of
organizations interested in higher education an opportunity to present relevant
information and recommendations.

Sec. 4. The committee may
employ such education and financial consultants as it deems necessary for this
study.

Sec. 5. The committee may
accept and use all gifts and grants which it receives to further its work.

Sec. 6. 1. There
is hereby appropriated from the state general fund to the legislative
commission the sum of $55,000 for the purpose of conducting a study of the
funding of higher education as provided in this act.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
December 31, 1986, and reverts to the state general fund as soon as all
payments of money committed have been made.

Sec. 7. The committee shall
submit to the legislative commission a report of its findings and recommendations
for legislation before the commencement of the 64th session of the legislature.

Sec. 8. This act expires by
limitation on January 1, 1987.

________

κ1985
Statutes of Nevada, Page 1307κ

CHAPTER 450, SB 83

Senate Bill No. 83Senators
Mello and Townsend

CHAPTER 450

AN ACT relating to the City of Sparks;
amending the charter of the City of Sparks; and providing other matters
properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 268.540 is
hereby amended to read as follows:

268.540 1. [The]Unless
prohibited by its charter the city may provide that proceeds from the
sale of bonds and special funds from the revenues of the project [shall] be invested and reinvested in such
securities and other investments, whether or not any such investment or
reinvestment is authorized under any other law of this state, as [may be] provided in the proceedings
under which the bonds are authorized to be issued, including but not limited to:

(a) Bonds or other obligations of the United
States of America.

(b) Bonds or other obligations, the payment of
the principal and interest of which is unconditionally guaranteed by the United
States of America.

(c) Obligations issued or guaranteed as to principal
and interest by any agency or person controlled or supervised by and acting as
an instrumentality of the United States of America pursuant to authority
granted by the Congress of the United States of America.

(d) Obligations issued or guaranteed by any
state of the United States of America, or any political subdivision of any such
state.

(e) Prime commercial paper.

(f) Prime finance company paper.

(g) Bankers acceptances drawn on and accepted
by commercial banks.

(h) Repurchase agreements fully secured by obligations
issued or guaranteed as to principal and interest by the United States of
America or by any person controlled or supervised by and acting as an
instrumentality of the United States of America pursuant to authority granted
by the Congress of the United States of America.

(i) Certificates of deposit issued by commercial
banks, including banks domiciled outside of the United States of America.

2. The city may also provide that such
proceeds or funds or investments and the payments payable under the lease, the
agreement of sale or the financing agreement [shall]
be received, held and disbursed by one or more banks or trust companies located
within or out of this state.

Sec. 2. Chapter 470,
Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto new
sections to be designated as sections 1.015, 1.125, 2.125 and 9.065
respectively, to read as follows:

1. Except
as otherwise expressly provided in a particular section of this charter or
required by the context:

(a) The
masculine gender includes the feminine and neuter genders.

(b) The
singular number includes the plural number, and the plural includes the
singular.

(c) The
present tense includes the future tense.

2. The
use of a masculine noun or pronoun in conferring a benefit or imposing a duty
does not exclude a female person from that benefit or duty. The use of a feminine
noun or pronoun in conferring a benefit or imposing a duty does not exclude a
male person from that benefit or duty.

Sec. 1.125 Employees
as volunteers: Attendance at meetings during working hours. The
city manager may authorize any employee who volunteers to serve on any board or
commission of the city to attend meetings of the board or commission during his
normal working hours.

Sec. 2.125 Contracts:
Approval by city council and mayor, attestation by city clerk. The
city council shall designate, by ordinance the contracts which require the
approval of the council. Every contract entered into after July 1, 1985, on
behalf of the city by the city council must be signed by the mayor and attested
by and filed with the city clerk. Any contract which does not comply with these
requirements is void.

Sec. 9.065 Vacancies;
promotional examinations.

1. Vacancies
in positions must, if consistent with the best interests of the city, be filled
by employees holding positions in lower classes. Lists of employees eligible
for promotion must be established for this purpose.

2. Examinations
may be held for applicants to be appointed to the civil service and for
applicants who are not eligible for promotion, if open competition, in the
judgment of the civil service commission, produces a list of applicants who are
more highly skilled and qualified and is in the best interests of the city.
Examinations may also be both open and for employees who are eligible for
promotion.

3. The
civil service commission may restrict examinations for promotion to employees
of a single department or several specified departments or all employees.

4. Examinations
for promotion in the fire and police departments must be restricted to
employees of those departments, unless fewer than three employees are qualified
for promotion.

Sec. 3. Section 1.060 of
chapter 470, Statutes of Nevada 1975, as last amended by chapter 412, Statutes
of Nevada 1983, at page 1028, is hereby amended to read as follows:

(e) Municipal judges,
the number to be determined pursuant to section 4.010.

2. All elective
officers of the city, except the city attorney, must be:

(a) Bona fide
residents of the city for at least 30 days [prior
to]immediately preceding the last
day for filing a declaration of candidacy for such office.

(b) Residents of the
city during their term of office [.], and, in the case of a member of the council, a
resident of the ward the member represents.

(c) [Qualified electors]Registered voters within the city.

3. No person
may be elected or appointed [to the office of
councilman]as a member of the council who
was not an actual bona fide resident of the ward to be represented by him for a
period of at least 30 days [prior to]immediately preceding the last day for filing a
declaration of candidacy for such office, or, in the case of appointment, 30
days [prior to]immediately preceding the day the office became vacant.

4. The city
attorney must be a [qualified elector of]registered voter in the State of Nevada and a
licensed member of the State Bar of Nevada.

5. Each
elective officer [shall]is entitled to receive a salary in an amount fixed by
the city council. At any time before January 1 of the year in which a general
municipal election is held, the city council shall enact an ordinance fixing
the initial salary for each elective office for the [4-year]
term beginning on the 1st Monday [in July]
following that election. This ordinance may not be amended to increase or
decrease the salary for any office during the term. If the city council fails
to enact such an ordinance [prior to]before January 1 of the election year, the
succeeding elective officers must receive the same salaries as their respective
predecessors.

Sec. 4. Section 1.080 of
chapter 470, Statutes of Nevada 1975, as amended by chapter 457, Statutes of
Nevada 1979, at page 851, is hereby amended to read as follows:

Sec. 1.080 Appointive
[offices and officers.]positions.

1. The mayor of
the city must appoint a city manager, subject to confirmation by the city
council.

2. The city
council may establish [by ordinance]
such other appointive [offices] positions as it [may
deem] considers necessary for the operation of the city [.

appointive [offices]positions as it [may
deem]considers necessary for the
operation of the city [.

3.]by designating the position by ordinance. A copy of the
description of duties must be filed in the personnel office.

3. Appointive
positions are limited to:

(a) The
head of each department and division;

(b) Positions
within the office of the city manager who report directly to him and possess
peculiar and exceptional qualifications of a scientific or professional nature;

(c) Other
positions appointed by the city manager which require special qualifications
considered necessary by him, but the total number of such positions must not
exceed 3 percent of the total permanent employees of the city; and

(d) In
the fire and police departments, the chief and one technical assistant, who may
not supervise any other employees.

Appointment [of
those officers]to these positions must
be made by the city manager, subject to ratification of the city council.

Sec. 5. Section 1.090 of
chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of
Nevada 1977, at page 713, is hereby amended to read as follows:

Sec. 1.090 Appointive
[officers:]positions:
Miscellaneous provisions.

1. [All appointive officers]Employees holding appointive positions shall perform
such duties as may be directed by the city manager and such other duties as may
be designated by ordinance.

2. The city
council may require from all [officers and]
employees of the city [constituted or]
appointed under this charter, sufficient security for the [faithful and] honest performance of
their respective duties . [,
and the]The cost of [such bond shall]the
bond must be paid by the city.

3. A person
appointed by the city manager to any [office]position may be removed from [office for cause]that position by the city manager. The officer so
removed has the right of appeal to the mayor and city council and may demand [written charges to be made and] a
hearing [held] before the city
council. [Any such demand shall]The demand must be made within 10 days after the
removal. The decision and action of the city council upon [such]the hearing
is final.

(a) Hold any other
elective office with the State of Nevada, Washoe County, the City of Sparks or
any other city, except as provided by law . [or as a member of a board or commission for which no
compensation is received.]

(b) Be [elected or] appointed to any [office]position created
by or the compensation for which was increased or fixed
by the city council until 1 year after the expiration of the term for which
such person was elected.

Sec. 1.110 Oath
of office. Every person elected or appointed under the provisions
of sections 1.060 to [1.080,]1.090, inclusive, shall subscribe to the official oath
as provided by the city council. [Every such]Each person shall swear [and]or affirm that he is not under any direct or
indirect obligation to vote for, appoint or elect any person to any office,
position or employment in the city government.

1. Meet at least once every 2 years immediately before the
beginning of each regular session of the legislature and when requested by the
city council or the chairman of the committee.

2. Prepare
recommendations to be presented to the legislature on
behalf of the city concerning all necessary amendments to the city
charter.

[2.]3. Recommend to the city council the
[amount of] salary to be paid [to the mayor and to the councilmen]all elective officers for the ensuing term.

[3.]4. Perform all functions and do all
things necessary to accomplish the purposes for which it is established,
including but not limited to holding meetings and public
hearings, and obtaining assistance from city [officials.]

1. Any member
who misses three successive regular meetings or who
ceases to meet any qualification for appointment to the committee may be
removed by a majority vote of the remaining
members of the committee.

2. [Any member of the committee may be removed for any
cause by an eight-eleventh vote of the committee.

3.]
In case of removal, a replacement [shall]must be appointed by the officer who appointed
the removed member.

(a) Provide [for the punishment of any member for disorderly
conduct committed in its presence.], by
resolution or ordinance, for the discipline of any elected or appointed officer
of the city for unethical conduct.

(b) Subpena any
witness to appear and testify and subpena any evidence in the possession of any
person relating to any business before the city council.

2. Any subpena
issued by the city council [shall]must be signed by the city clerk [,]and served
in the same manner as a subpena issued by the district court, and [shall]must contain
a notice that failure to obey the subpena may subject the person subpenaed to
prosecution for a misdemeanor or may result in his being in contempt of the
district court.

3. If any
person subpenaed to appear before the city council fails to obey such subpena:

(b) The city council
may apply to the district court and the district court may issue an order
requiring the person to comply with the subpena. If the person does not comply
with the order of the district court, the court may, upon application by the
city council, order the person to show cause why he should not be held in contempt
of the court. After a hearing upon the matter, the court may adjudge the person
guilty of contempt and punish him accordingly.

Sec. 13. Section 2.030 of
chapter 470, Statutes of Nevada 1975, as last amended by chapter 457, Statutes
of Nevada 1979, at page 853, is hereby amended to read as follows:

Sec. 2.030 Meetings:
Regular; special; quorum.

1. The city
council shall hold regular meetings [on the
second and fourth Mondays of each month at a time and place convenient to the
council and the public. If a second or fourth Monday of a month falls on a
national holiday, or other holiday designated as such by the governor, the
council may, at the meeting which immediately precedes the regular meeting,
provide for another regular meeting time on a day as soon after the regular
meeting day as is practicable.]at least
twice each month at times it designates by ordinance. When a regular meeting
falls on a holiday, the council must hold the meeting on the next business day.

2. Special
meetings may be held on a call of the mayor or by a majority of the council. Reasonable effort must be made to give notice of a special
meeting to each member of the council, the mayor, city clerk, city attorney,
city manager and to any other person who has submitted a request for notice to
the city clerk. Notice is not required if the mayor has declared an emergency.

3. At
a special meeting, unless the entire city council otherwise consents:

(a) Or
unless notice of the meeting is published in a newspaper of general circulation
in the city at least 1 day before the meeting, a contract or claim involving
the expenditure of money may not be approved;

(b) Only
emergency ordinances may be passed; and

(c) Only
that business which was stated in the call of the meeting may be discussed.

[3.]4. A
majority of all members of the city council constitutes a quorum to do
business, but a lesser number may meet and recess [from
time to time,] and compel the attendance of the absent members.

[4.]5. No meeting of the city council
may be held for the purpose of conducting or discussing city business except as
provided in this section.

1. The
city council may adopt rules for the [government
of its members and]conduct of its proceedings.

2. Any
person, personally or through counsel, may present grievances or offer
suggestions for the improvement of municipal affairs at any regular meeting of
the council.

Sec. 15. Section 2.080 of
chapter 470, Statutes of Nevada 1975, as last amended by chapter 160, Statutes
of Nevada 1983, at page 373, is hereby amended to read as follows:

Sec. 2.080 Ordinances:
Enactment procedure; emergency ordinances.

1. When first
proposed, all bills must be read to the city council by title , [and referred to a
committee for consideration,] after which an adequate number of
copies of the proposed bill must be filed with the city clerk for public
inspection. Except as otherwise provided in subsection 3, notice of the filing
must be published once in a newspaper qualified [pursuant
to the provisions of chapter 238 of NRS, as amended from time to time,]to publish legal notices, and published at least
10 days before the adoption of the ordinance.

2. At the next
regular meeting or adjourned meeting of the city council following the proposal
of a bill [and its reference to committee, the
committee shall report the bill back to the city council. Thereafter, it], the title of the bill must be read as first
introduced . [, or
as amended, and thereupon]Thereupon the
bill must be finally voted upon or action thereon postponed. The proposed ordinance and any amendments thereto must be read
in full when it is adopted only if so requested by a member of the council.

3. In cases of
emergency or where the bill is of a kind specified in section 7.030, by not
less than four-fifths of all the members of the city council , [(] excluding
from any such computation any vacancy on the council [)], final action may be taken immediately or at a
special meeting called for that purpose, and no notice of the filing of the
copies of the proposed bill with the city clerk need be published.

4. All
ordinances must be signed by the mayor, attested by the city clerk and
published by title, together with the names of the [councilmen]members of the council voting for or against
passage, in a newspaper qualified [pursuant to
the provisions of chapter 238 of NRS, as amended from time to time,]to publish legal notices, and published for at least
one publication, before the ordinance becomes effective. The city council may,
by majority vote, order the publication of the ordinance in full in lieu of
publication by title only.

5. The city
clerk shall maintain a record of all ordinances together with the affidavits of
publication by the publisher.

(a) Preside over the
meetings of the city council and he may vote only in case of a tie. The mayor
may not vote on any proposed ordinance.

(b) [Be recognized]Act
as the head of the [city] government
of the city for all purposes.

(c) Perform such
emergency duties as may be necessary for the general health, welfare and safety
of the city.

(d) Perform such other
duties as may be prescribed by ordinance or by the provisions of Nevada Revised
Statutes which apply to a mayor.

2. The mayor
may [exercise the right of veto upon]veto all matters passed by the city council [provided he give]if he gives notice in writing to the city clerk within
10 days of the action taken by the city council. [Such
vetoes]A veto may be overturned
only by a vote of at least four-fifths of the city council. An action requiring
the expenditure of money is not effective without the approval of the mayor,
unless he does not disapprove [such]the action within 10 days after it is taken by
the city council, or the city council by a four-fifths majority [has approved or] approves such
expenditure at a regular meeting.

3. The city
council shall elect one of its members to be mayor pro tempore. [Such person]He shall:

(a) Hold [such]the office
and title during the term for which he was elected without additional
compensation, except as provided in paragraph (c).

(b) Perform the duties
of mayor during the temporary absence or
disability of the mayor [.]without loss of his rights and powers as a member of the
council.

(c) Act as mayor until
the next municipal election if the office of mayor becomes vacant and [shall] draw the salary of mayor. His
salary and position as [councilman shall]a member of the council cease.

Sec. 17. Section 3.020 of
chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of
Nevada 1977, at page 717, is hereby amended to read as follows:

Sec. 3.020 City
manager: Duties [.]; residence.

1. The
city manager [shall be]is responsible to the council for the efficient
administration of all the affairs of the city. He shall:

[1.](a) Exercise a careful supervision of the
citys general affairs.

[2. See
that all laws and ordinances are duly enforced, and he is hereby declared to be
beneficially interested in their enforcement and may sue in the proper court to
enforce them.]

(b) Enforce
all laws and all acts of the council which are subject to enforcement by him or
by persons under his supervision.

[3.](c) Exercise control over all departments
of the city government and [the]its officers and employees , [thereof, except:

(a) Any]except any department whose chief executive
officer is not appointed by the city manager.

[(b) As
otherwise provided by law.

4.](d) Attend all meetings of the council and
its committees, except when the council is considering his removal, with the
right to take part in discussions, but without power to vote. [He shall receive notice of all special meetings.]

[5.](e) Recommend to the council the adoption
of such measures and bills as he [may deem]considers necessary or expedient.

[6.](f) Make investigations into:

[(a)](1) The affairs of the city;

[(b)](2) Any department or division [thereof;]of the
city;

[(c)](3) Any contract; or

[(d)](4) The proper performance of any
obligation owed to the city.

[7.](g) Prepare and submit to the council the
annual budget.

[8.](h) Keep the council fully informed as to
the financial condition and needs of the city.

[9.](i) Submit to the council, at least once
each month, a summary of all claims and bills approved for payment by him.

[10. Devote
his entire time to the duties and interests of the city.

11.](j) Not engage in any other business or occupation
without the approval of the city council.

(k) Perform
such other duties as [may be] prescribed
by this charter or be required by ordinance or resolution of the council.

2. The
city manager must establish his residence within the city within 90 days after
his appointment, unless the period is extended by the council. He must reside
in the city during his term of office.

[(a)]1. Keep the corporate seal and all [books and papers belonging to the city.

(b)]public records.

2. Supervise
the central filing system for all departments of the city.

3. Attend
all regular, special and emergency meetings of the city council, and may attend
all executive sessions concerning public officers . [as provided in chapter 241 of the Nevada Revised
Statutes.

(c)]4. Keep an accurate journal of all
regular, special and emergency meetings of the city council, including a record
of all ordinances, bylaws and resolutions [passed
or] adopted by it.

(b) Represent the city and any officer or employee or former
officer or employee of the city, for any act arising out of his employment or
duties, in any action or proceeding in which the city or such officer or
employee is concerned or is a party.

(c) Perform
such duties as may be designated by ordinance.

[(c)](d) Attend all regular, special and
emergency meetings of the city council, and may attend executive sessions
concerning public officers . [as provided in chapter 241 of the Nevada Revised
Statutes.]

(e) Approve
any contract made by and any bond or security given to the city endorsing his
approval in writing on the document.

(f) Prepare
all proposed ordinances and review all resolutions and amendments to the
ordinances or resolutions.

(g) Not
engage in any other business or occupation nor in the private practice of law
without the approval of the city council.

2. The city
attorney may appoint [such deputies as may be
necessary subject to the approval of the city council.]and remove or discharge assistants pursuant to ordinances
adopted relating thereto. The city council may appropriate the money it
considers proper to compensate such assistants.

3. A
person appointed by the city attorney to any position may be removed from that
position by the city attorney. The person so removed has the right of appeal to
the mayor and city council and may demand a hearing before the city council.
The demand must be made within 10 days after the removal. The decision of the
city council upon the hearing is final.

1. The mayor or
[councilmen]members of the council shall not [dictate]demand the
appointment, suspension or removal of any [city] administrative
officer or employee appointed by the city manager or his subordinates unless
the [city] mayor or members of the council fully [and freely discusses] discuss
the matter with the city manager.

[city]
administrative officer or employee appointed by the city manager or his
subordinates unless the [city]mayor or members of the council fully [and freely discusses]discuss the matter with the city manager. No person
covered by the [rules and] regulations
of the civil service commission may be appointed, suspended or removed except
as provided in [such rules and]those regulations.

2. The [city]mayor or
members of the council shall not direct the activity of any appointed [officer or] employee on a matter
pertaining to city business, but [shall]must deal through the city manager.

Sec. 3.120 Salaries. [The city council shall annually fix the salaries of
all appointive officers of the city. Any officer whose salary is reduced may
demand that a bill of particulars giving the reasons for such reduction be
heard at the next regular meeting of the city council.]Employees in appointive positions are entitled to receive the
salary designated by the city manager within the range established for each
position by the city council.

Sec. 4.020 Municipal
court: Judge. [The municipal court
shall be presided over by a municipal judge.]A municipal judge shall not engage in any other business or
occupation without the approval of the city council.

Sec. 23. Section 5.010 of
chapter 470, Statutes of Nevada 1975, as amended by chapter 412, Statutes of
Nevada 1983, at page 1029, is hereby amended to read as follows:

Sec. 5.010 General
municipal elections.

1. A general
municipal election must be held in the city on the 1st Tuesday after the 1st
Monday in June of each odd-numbered year after 1986.

2. Except as
provided in subsection 3, the elective officers of the city shall serve terms
of 4 years and until their successors have been elected and qualified.

3. The persons
who, on June [7,]2, 1987, are elected to serve as:

(a) The [councilmen]members
of the city council from the first, third and fifth wards;

(b) The city attorney;
and

(c) The municipal
judge for the first department of the court which was established,

shall serve terms of 2 years and
until their successors have been elected and qualified.

4. All
candidates at the general municipal election must be voted upon by the electors
of the city at large.

1. A candidate
for any office to be voted for at any general municipal election shall file an
affidavit of candidacy with the city clerk not less than 30 nor more than 40
days before the 1st Tuesday after the 1st Monday in May [next
preceding such]preceding the general
election.

2. If for any
general municipal election there are three or more candidates for the offices
of mayor, city clerk, city attorney or municipal judge, or three or more
candidates from each ward [for the office of
councilman,]to represent the ward as a
member of the city council, a primary election for [any such office shall]that office must be held on the 1st Tuesday after the
1st Monday in May preceding [such]the general election.

3. Candidates
for the offices of mayor, city clerk, city attorney and municipal judge [shall]must
be voted upon by the registered voters of the city at large. Candidates [for the office of councilman shall]to represent a ward as a member of the city council must
be voted upon by the registered voters of the ward to be represented by them.

4. The names of
the two candidates for mayor, city clerk, city attorney and municipal judge and
the names of the two candidates [for city
councilman]to represent the ward as a
member of the city council from each ward who receive the highest number
of votes at the primary election [shall]must be placed on the ballot for the general
election.

1. The election
returns from any special, primary or general municipal election [shall]must be
filed with the city clerk, who shall immediately place [such]the returns in a safe or vault . [, and no person is
permitted to]No person may handle,
inspect or in any manner interfere with [such]the returns until canvassed by the city council.

2. The city
council shall meet within 5 days after any election and canvass the returns and
declare the result. The election returns [shall]must then be sealed and kept by the city clerk
for 6 months, and no person [shall]may have access [thereto]to them except on order of a court of competent
jurisdiction or by order of the city council.

3. The city
clerk, under his hand and official seal, shall issue a certificate of election
to each person elected. The officers elected shall qualify and enter upon the
discharge of their respective duties on the 1st Monday [in
July next] following their election.

4. If any
election results in a tie, the city council shall summon the
candidates who receive the tie vote and determine the tie by lot.

the candidates who receive the tie
vote and determine the tie by lot. The city clerk shall then issue to the
winner a certificate of election.

Sec. 26. Section 6.010 of
chapter 470, Statutes of Nevada 1975, as amended by chapter 361, Statutes of
Nevada 1983, at page 876, is hereby amended to read as follows:

Sec. 6.010 Local
improvement law. The city council, on behalf of the city , [and in its name,]
without any election, may [from time to time]
acquire, improve, equip, operate and maintain [:

1. Curb
and gutter projects;

2. Drainage
projects;

3. Offstreet
parking projects;

4. Overpass
projects;

5. Park
projects;

6. Sanitary
sewer projects;

7. Security
walls;

8. Sidewalk
projects;

9. Storm
sewer projects;

10. Street
projects;

11. Underground
electric and communication facilities;

12. Underpass
projects; and

13. Water
projects.]underground facilities for
electricity and communication.

Sec. 27. Section 7.030 of
chapter 470, Statutes of Nevada 1975, as amended by chapter 482, Statutes of
Nevada 1981, at page 975, is hereby amended to read as follows:

Sec. 7.030 Borrowing
money.

[1.]
Subject to the limitations imposed by this article, the city may borrow money
for any corporate purpose, including without limitation any purpose expressly
authorized by this charter or by Nevada Revised Statutes for a city [,] and for such purpose may issue bonds
or other securities. [The Local Government
Securities Law, as amended from time to time, applies to all securities so
issued, except securities issued under section 6.020.

2. Any
property tax levied to pay the principal of or interest on indebtedness must be
levied upon all taxable property within the city, as provided in NRS 350.590 to
350.602, inclusive.

3. Any
ordinance pertaining to the sale or issuance of bonds or other securities,
including, without limitation, securities issued under section 6.020, may be
adopted in the same manner as is provided for cases of emergency. A declaration
by the city council in any ordinance that it is of this kind is conclusive in
the absence of fraud or gross abuse of discretion.]The proceeds from the sale of bonds must be deposited in a
fund separate from all other funds of the city. The proceeds and any interest
earned thereon may not be invested or used for any purpose other than that for
which the bonds were issued.

1. There [shall be]is a
civil service commission [of the City of Sparks,
Nevada,] consisting of [three]five residents of the city who [shall]must be
appointed by the mayor, subject to confirmation by the city council. [The persons so appointed]They shall serve terms as established by ordinance.

2. Every person
appointed as a member of the commission shall, before entering upon the duties
of his office, take and subscribe the oath of office prescribed by the
constitution of this state, and file [the same,
duly]it, certified by the officer
administering it, with the clerk of the city.

3. Any member of the commission who misses three successive
regular meetings of the commission or who ceases to meet any qualification for
appointment to the commission as provided by the city council, may be removed
by majority vote of the commission.

4. Vacancies
on the civil service commission from whatever cause [shall]must be filled by appointment by the mayor,
subject to confirmation by the city council.

[4.]5. The council shall provide for
such employees as [shall be] necessary
to enable the civil service commission to carry out properly [the duties prescribed herein.

5. Each]its duties.

6. The
city council shall provide by ordinance the amount of compensation each member
of the civil service commission [shall receive as
compensation for his services the sum of $10]is entitled to receive for each full meeting [attended by him.]he attends.

1. The
commission shall [prepare and adopt rules and]adopt regulations to govern the selection and
appointment of all employees of the city within the provisions of this article . [and such rules and
regulations shall]The regulations must be
designed to secure the best service for the public.

(e) Probationary
appointments for which the period of probation may not exceed 1 year;

(f) A
procedure to confirm employees as permanent employees;

(g) Any
emergency, temporary or provisional appointments it considers necessary; and

(h) Such
other matters as the commission [may deem]considers necessary.

3. A copy of
all [rules and] regulations made by
the commission and all changes [therein shall]to them must be filed in the office of the city
clerk.

4. [The commission shall by rule provide for a
probationary period of 6 months during which any employee within the provisions
of this article may be suspended, removed or otherwise disciplined by the head
of the appropriate department or by the city manager without hearing or other
action by the commission.

5.]
The commission shall cause the [rules and]
regulations [so prepared and] adopted,
and all changes [therein,]to them to be printed or otherwise reproduced and
distributed as they [shall deem]consider necessary . [, and the expense thereof shall]The expense must be certified by the commission and
paid by the city.

[6. All
selections of persons for employment or appointment or promotion,]

5. All
appointments or promotions in any department of the city within the
provisions of this article, [shall]must be made in accordance with [such rules and regulations.]the regulations of the commission.

Sec. 9.040 Examinations. [All examinations by the commission are public and free
to all citizens of the United States with proper limitations as to residence,
age, health, habits and moral character. The examinations shall be practical in
their character and shall relate to those matters which will fairly test the
relative capacity of the candidate to discharge the duties of the position in
which they seek employment, or to which they seek to be appointed, and]

1. The
commission shall conduct examinations for employment with the city and prepare
a list of eligible applicants. The examinations must be:

Sec. 9.050 Reports
of employee performance. The head of any city department to which
the provisions of this article [are applicable
shall maintain at all times in full force and effect and in operation within
his respective department the rules and]apply
shall comply with the regulations adopted by the commission and
applicable to [such]the department. Such [rules
and regulations, in the discretion of the commission,]regulations may provide for regular efficiency reports
of the members of any department, for courses, tests or examinations to be
required within the department, and for any other [act
or thing]action or procedure necessary
or desirable to bring about advancement or promotion within the department [of the members thereof,] according to
merit, to bring about efficiency within the department so that it may be better
qualified to serve the public, and to bring about a full and complete operation
within the department of the civil service system.

1. Whenever
a new [positions
are]position is created by city
ordinance within any department subject to the provisions of this article, or
whenever [vacancies occur]a vacancy occurs within any such department, a list of
not less than the three most
highly qualified applicants, when that number is available, [shall]must be
submitted by the civil service commission to the head of the department. The
head [or chief of such]of the department shall appoint from
the list the applicant [deemed]considered by him to be most suitable.

2. If
there are less than three qualified applicants, the position may be filled by
any qualified applicant.

3. All
such appointments [shall be]are subject to confirmation of the [city council]civil
service commission after successful completion of the probationary
period.

Sec. 9.070 Probational
employees. [All employees of the
City of Sparks who have been so employed for 6 or more months prior to the
effective date of this charter are confirmed in their present positions. All
employees of the City of Sparks who have been so employed for less than 6
months prior to the effective date of this charter shall be considered to be in
a probationary period, and may, after the completion of 6 months employment,
be considered for confirmation as provided in this article. All employees of
the City of Sparks hereafter employed pursuant to the provisions of this
article and confirmed by the city council after successfully serving the
probationary period shall hold their respective positions and employment at the
pleasure of the city manager, subject to hearing, as provided in this article.
All vacancies in existing or newly created positions subject to the provisions
of this article shall be filled by the promotion of employees in the service,
and who have proved their fitness for such promotion.]

1. Probationary
appointments must be made only as the result of examination as authorized in
this article.

2. An
employee dismissed during the period of probation may not appeal the dismissal.

3. If
an employee who was promoted is dismissed during the period of probation for
any reason other than misconduct, he must be restored to the classification
from which he was promoted.

4. The
provisions of this article [shall not]
apply to persons employed on a temporary basis or for a period not to exceed 6
months during any calendar year.

Sec. 34. Section 9.080 of
chapter 470, statutes of Nevada 1975, as amended by chapter 457, Statutes of
Nevada 1979, at page 853, is hereby amended to read as follows:

Sec. 9.080 Prohibited
acts.

1. No employee
of the city within the provisions of this article may be suspended, demoted or
discharged except as provided in this article.

2. [A person shall not willfully make any false statement,
certificate, mark, rating or report in regard to any test, certification or appointment
under the provisions of this article, or in any manner commit or attempt to
commit any fraud to prevent the impartial execution of the provisions of this
article or act in any manner to prevent the impartial execution of the rules
and regulations adopted pursuant to section 9.020.]An appointment to or removal of an employee within the
provisions of this article must not be affected by his:

(a) Membership
or nonmembership in an employee organization;

(b) Marital
status; or

(c) Physical
or visual handicap except when the commission has determined
that the handicap is a necessary qualification or disqualification for a
specific position.

Sec. 9.100 Disciplinary
authority of city manager; appeal to the commission.

1. The
city manager may suspend for a period [of]
not exceeding 30 days or discharge or demote any employee of the city within
the provisions of this article for [the
betterment of the service or for other] justifiable cause . [and]Justifiable cause is:

(a) The
inability or failure of an employee, for any reason, to perform the duties of
his position properly and efficiently;

(b) Any
action by an employee which reduces the employees effectiveness or which
brings discredit to the city service; or

(c) The
violation by an employee of any provision of this article or of the regulations
of the commission.

2. The
city manager shall immediately report his action to
the secretary of the commission and deliver to the commission a copy of the
complaint setting forth the reason for discharge, suspension or demotion and
the name of the complainant, if other than the city manager.

3. Within
10 days after [such]the discharge, suspension or demotion, the employee so
discharged, suspended or demoted may appeal to the commission by filing with
the secretary [thereof] a notice of
appeal in the following or similar form: To the Civil Service Commission of
Sparks, Nevada: Please take notice that I appeal the order of the city manager
of the City of Sparks, dated ___________________ 19______, (demoting,
discharging or suspending) me. The notice of appeal [shall]must be signed by the employee demoted,
discharged or suspended and [shall]
clearly state [the]his name and [the address
of such employee.]address.

1. The employee
[shall be]is
entitled to a postponement or adjournment of the hearing for [not to exceed a period of]no more than 20 days. The complaint is not entitled to
adjournment or postponement.

2. In the
course of any hearing or investigation each member of the commission has the
power:

(a) To administer
oaths;

(b) To secure by
subpena the attendance of witnesses and the production of books and papers
relevant to [such]the hearing or investigation;

(c) To compel
witnesses to answer; and

(d) To punish for
contempt in the same manner provided by law for the
governing of trials before justices of the peace for failure to answer or
produce books and other evidence necessary for the hearing.

for the governing of trials before
justices of the peace for failure to answer or produce books and other evidence
necessary for the hearing.

3. Any hearing,
in the discretion of the commission, may be closed to the public and all
witnesses shall be under oath.

4. The employee
[shall have full opportunity to be]is entitled to:

(a) Be
heard in his own defense [, and is
entitled to secure];

(b) Secure
the attendance of all witnesses necessary for his defense [and may appear];
and

(c) Appear
in person and by attorney.

5. All [evidence]testimony
at any hearing [shall be taken by
stenographic reporter who shall be first sworn to perform the duties of a
stenographic reporter in taking evidence in such matter fully and fairly to the
best of his ability. The transcript shall be typewritten and filed with the
commission, and the cost of such stenographic reporting shall be paid by the
city.]must be reported by a shorthand
reporter certified pursuant to chapter 656 of NRS, and may be transcribed, if
necessary, for the deliberation of the commission or for an appeal to the
district court. The cost of a transcript ordered by the commission must be paid
by the city.

1. [Within 15 days after a transcript of the proceedings
is filed with the commission, the commission shall, by a majority vote of its
members, determine whether by a preponderance of the evidence the charges where
true and made in good faith for the purpose of improving the public service or
whether they were made solely for religious, political or personal reasons.

2. If
the charges are found to be untrue or were made solely for religious, political
or personal reasons the employee shall be immediately reinstated to his former
position without prejudice.

3. If
the charges are found to be true and were made in good faith for the purpose of
improving the public service, the commission may sustain the disciplinary
action theretofore taken, or may impose such other disciplinary action as to
the commission shall seem just and proper.

4.]Within 30 days after the end of the hearing, the
commission shall, by majority vote, make its decision.

2. The
action taken by the city manager may be affirmed, modified or revoked by the
commission. If the commission finds his action is not based on a justifiable
cause, it must revoke or modify the action. Reinstatement of an employee must
be without prejudice. The decision and findings of the commission [shall]must be
in writing and [shall be filed with the
transcript of the evidence]filed with
the secretary of the commission.

1. This article
[shall apply]applies to all employees of the City of Sparks, except:

(a) Elected [officials]officers
of the city;

(b) The city manager;

(c) [Appointed officials of the city;]Persons in appointive positions; and

(d) Temporary
employees . [provided
for in section 9.070.]

2. Any employee
of the city who has been confirmed in his position by the city council and who
accepts a position as a department head or [accepts
appointment as an appointed official]accepts
an appointive position under the provisions of this chapter [shall,]must, upon
his removal from such office [,]or position, be restored to his former position within
the department [, only] if there is
a position available.

11.] Section
4.010 of the charter of the City of Wells, being chapter 275, Statutes of
Nevada 1971, at page 468, and section 4.020 of the charter of the City of
Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 98,
Statutes of Nevada 1977, at page 212, are hereby repealed.

[12.]11. Section 4.010 of the charter of the
City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 911, is
hereby repealed.

Sec. 41. Any employee
holding an appointive position that exceeds the 3-percent limitation
established in paragraph (c) of subsection 3 of section 4 of this act may
retain his position on and after July 1, 1985, until he is dismissed pursuant
to section 1.090 of chapter 470, Statutes of Nevada 1975, as amended by this
act, resigns or retires. At that time or upon his death, the position must be
abolished.

Sec. 42. This section and
section 40 become effective upon passage and approval.

________

CHAPTER 451, AB 302

Assembly Bill No. 302Committee
on Judiciary

CHAPTER 451

AN ACT relating to the private
investigators licensing board; establishing standards for the regulation of
polygraphic examiners; revising procedures and fees in connection with the
investigation and licensing of persons subject to the authority of the board;
increasing the penalties for unauthorized or improper conduct; and providing
other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 648 of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 26, inclusive, of this act.

Sec. 2. Intern means a person who is involved in the study of
polygraphic examinations and their administration.

Sec. 3. License means a license or certificate issued pursuant to
the provisions of this chapter.

Sec. 4. Polygraph means an instrument or electronic or mechanical
device which records or measures physiological effects of psychological stimuli
to permit the examiner or intern to form an opinion concerning the veracity of
statements made by the person examined.

Sec. 5. Polygraphic examination means the procedure by which an
examiner or intern renders his expert opinion as to the veracity of statements
made by the person examined.

Sec. 6. Polygraphic examiner or examiner means a person who by
virtue of his education, training and experience, is capable of conducting a
valid and reliable polygraphic examination.

Sec. 8. 1. An applicant must answer all the questions and
provide all the information required by the application. The applicant may
include additional information on plain paper. If the secretary determines that
the application is incomplete, improperly completed or illegible, the
application, together with all associated documents and any fees paid, must be
returned to the applicant without further action.

2. An application
is valid for 6 months after the date of filing with the board. It is the
responsibility of the applicant to comply with all procedures and necessary
appearances in connection with an application before the expiration of the 6
months. The board may, for good cause shown, extend the period.

3. The board may
summarily deny any application for a license which is still pending before the
board 6 months after the date of filing.

4. The applicant
has the burden of proving his qualifications and suitability for the license.

5. By filing an
application with the board, an applicant accepts the risk of adverse public
notice, embarrassment, criticism or other action with respect to his
application, and expressly waives any claim for damages as a result thereof.

Sec. 9. An unlicensed person who performs a single act for which a
license is required has engaged in the business for which the license is
required and, unless exempt from licensing, has violated NRS 648.060.

Sec. 10. 1. A license as a polygraphic examiner or intern
is not required under this chapter of a person who conducts polygraphic
examinations solely in the performance of official duties for a federal, state,
county or municipal law enforcement or investigative agency.

2. Persons who are
exempt pursuant to subsection 1 shall comply with all other provisions of this
chapter.

3. Persons who are
exempt and who meet the requirements of this chapter for a license as a
polygraphic examiner or intern may apply to the board for certification of
their qualifications for a license in the same manner as prescribed for
licensing.

Sec. 11. The board may issue a license to any person who is licensed as
a polygraphic examiner in another state if:

1. The
requirements for the license in that jurisdiction at the time the license was
issued are deemed by the board to be equivalent to the requirements for a
license in this state;

2. The
jurisdiction extends the same privileges to a person licensed in this state;
and

3. The person
submits the application and undergoes the investigation required for licensing.

Sec. 12. Upon receiving written notification of a suspension,
revocation or refusal to renew a license, the holder of the license shall
immediately surrender his license to the board.

Sec. 13. Except as provided in NRS 648.100 and section 15 of this act,
a person who wishes to obtain information possessed by the board that is
declared by law to be confidential must apply to the district court for an order directing the release of the information.

for an order directing the release of
the information. The person shall give the board, the attorney general, and
each person who may be affected by the order 10 days written notice of his
intention to make the application. The notice must include a copy of the motion
and all papers that will be offered in support of the application. The notice
to persons other than the board and the attorney general may be made by
personal delivery or by certified mail to the persons last known address.

Sec. 14. Except in a proceeding brought by the state, the board may
refuse to reveal the identity of an informant or the information obtained from
the informant.

Sec. 15. 1. The board shall maintain a public record of:

(a) The business it
transacts at its regular and special meetings; and

(b) The applications
received by it together with the record of the disposition of each application.

2. Information
obtained by the board from other than public sources concerning the:

(a) Financial condition;
or

(b) Criminal record,

of an applicant or a licensee is
confidential and may be revealed only to the extent necessary for the proper
administration of the provisions of this chapter.

3. The board may
release information described in subsection 2 to an agency of the Federal
Government, of a state or of a political subdivision of this state.

4. The board shall
adopt by regulation a procedure for notifying the applicant or licensee of the
release of confidential information pursuant to subsections 2 and 3. The board
shall release information described in subsection 2 concerning an applicant or
licensee to the applicant or licensee upon request.

Sec. 16. (Deleted by
amendment.)

Sec. 17. In any matter involving the well-being, employment or
liability of a person, another person shall not consider or accept into
evidence an opinion resulting from a polygraphic examination unless the
examination:

1. Meets the
minimum standards established by this chapter; and

2. Was
administered by a person who holds a valid license as a polygraphic examiner or
intern or is qualified as a polygraphic examiner or intern and exempt from the
requirement of licensing.

Sec. 18. 1. Each instrument used to conduct a polygraphic
examination must be of a type approved by the board. The board shall approve
instruments which:

(a) Are of commercial
manufacture;

(b) Visually, permanently
and simultaneously record on a moving graph, physiological effects, including
cardiovascular activity, respiratory activity and changes in skin resistance,
as well as any other activity which the board deems relevant to the purposes of
a polygraphic examination; and

(c) Meet the minimum
standards of accuracy and reliability adopted by the board.

2. Nothing in this
chapter restricts the development of instruments or electronic or mechanical
devices to record physiological events for the purpose of forming an opinion
concerning the veracity of a statement made by the person examined.

3. The board may
grant conditional approval to instruments for use in research.

Sec. 19. Except in the case of an investigation of its own affairs
conducted by a law enforcement agency, an examiner or intern shall, before
beginning a polygraphic examination, inform the person examined that he has the
right to refuse to answer any questions if his answer would tend to incriminate
or degrade him.

Sec. 20. A polygraphic examination must not be conducted:

1. Unless the
person examined is advised of the purpose of the examination.

2. Unless the
person examined consents to it in writing.

3. For the purpose
of interfering with or preventing lawful activities of organized labor.

4. If the person
examined is less than 18 years of age, unless the written consent of a parent
or legal guardian has been obtained after the parent or guardian has been
informed of the nature of the examination and the matters to be covered.

5. To circumvent
or in defiance of the law.

Sec. 21. In conducting a polygraphic examination, an examiner or intern
shall use only standard and widely accepted techniques based on comparison of
the reaction to relevant questions and to questions asked as a control or
techniques based on comparison of peaks of tension. All questions used during
the examination must be reviewed with the person examined before being used.
Minor modification of technique, not affecting its integrity, may be used when
necessary or appropriate for the issue under investigation.

Sec. 22. During a polygraphic examination, the examiner or intern shall
not make inquiries into the religion, political affiliations, affiliations with
labor organizations or sexual activities of the person examined unless his
religion or those affiliations or activities are germaine to the issue under
investigation and the inquiries are made at the request of the person examined.

Sec. 23. 1. An examiner or intern shall not render a
written or oral opinion based upon his analysis of polygraphic charts without
administering two or more charts with the same questions on at least two of the
charts.

2. An examiner or
intern shall not render an opinion based upon analysis of polygraphic charts
without affording the person examined an opportunity to explain any physiological
effects recorded on those charts which indicate deception on the part of the
person examined.

3. The opinion of
an examiner or intern with regard to a polygraphic examination may refer only
to truth or deception on the part of the person examined. An examiner or intern
may not give an opinion as to the guilt or innocence of the person examined. An
examiner or intern may indicate the persons knowledge of elements of an act as
shown by analysis of polygraphic charts obtained during the conduct of
examinations which measure peaks of tension.

4. An examiner or
intern shall advise the person examined of his opinion concerning the persons
veracity within a reasonable time after the examination.

Sec. 24. 1. Each examiner or intern shall maintain a
chronological log of all polygraphic examinations which he administers. The log
must include the date of each examination, the name of the person examined, and
an identifying case or file number.

2. All polygraphic
charts must be identified with the name of the person examined, the date of the
examination, an identifying case or file number and the signature or initials
of the examiner or intern.

3. The records of
a polygraphic examination, including the written consent of the person
examined, the questions asked, notes and charts obtained during the
examination, must be maintained in a manner which protects their
confidentiality by the examiner or intern or his employer, for a period of not
less than 3 years.

4. Except when
ordered to do so by a court of competent jurisdiction, or as otherwise provided
by law, a person who possesses the results of a polygraphic examination or
information obtained during a polygraphic examination shall not release the
results or the information obtained without the written consent of the person
examined.

Sec. 25. An examiner or intern may make charts and other records of an
examination available to another polygraphic examiner or intern or group of
polygraphic examiners or interns, including the board and its representatives,
for the purpose of consultation or review under conditions which ensure the
confidentiality of the examination and its results.

Sec. 26. In addition to the causes specified in NRS 648.150, the board
may discipline an intern or polygraphic examiner if he has:

1. Demonstrated
incompetence or a physical or emotional disability which prevents him from
properly functioning as an intern or polygraphic examiner;

2. Willfully made
a false report of the results of a polygraphic examination; or

3. Accepted a fee
contingent upon the outcome of a polygraphic examination.

Sec. 27. NRS 648.005 is
hereby amended to read as follows:

648.005 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 648.006 to
648.015, inclusive, and sections 2 to 6, inclusive, of
this act, have the meanings ascribed to them in [NRS
648.006 to 648.015, inclusive.]those
sections.

648.0065 Dog handler means any person
who, for compensation, handles [watchdogs.], supplies or trains dogs for the protection or safety
of persons or property.

Sec. 29. NRS 648.007 is
hereby amended to read as follows:

648.007 Licensee means any person [licensed under]who
holds a license or certificate issued pursuant to the provisions of this
chapter.

Sec. 30. NRS 648.012 is
hereby amended to read as follows:

648.012 Private investigator means any
person who for any consideration engages in business or accepts employment to
furnish, or agrees to make or makes any investigation for the purpose of
obtaining, information with reference to:

3. The cause or responsibility for fires,
libels, losses, accidents or damage or injury to persons or to property; [or]

4. Securing evidence to be used before
any court, board, officer or investigating committee [.]; or

5. The prevention,
detection and removal of surreptitiously installed devices for eavesdropping or
observation.

Sec. 31. NRS 648.013 is
hereby amended to read as follows:

648.013 Private patrolman means a
person engaged in the business of employing and providing for other persons
watchmen, guards, patrolmen, uniformed traffic-control officers , bodyguards or other [individuals]persons for the purpose of protecting persons or
property, to prevent the theft, loss or concealment of property of any kind or
to investigate the theft, loss or concealment of property he has been hired to
protect.

Sec. 32. NRS 648.014 is
hereby amended to read as follows:

648.014 Process server means a person,
other than a peace officer of the State of Nevada, who engages in the business
of serving legal [papers in any civil matter.]process within this state.

Sec. 33. NRS 648.020 is
hereby amended to read as follows:

648.020 1. The private
investigators licensing board, consisting of the attorney general or his
deputy and four members appointed by the governor, is hereby created.

2. The governor shall appoint:

(a) One member who is a private investigator.

(b) One member who is a private patrolman.

(c) One member who is a [process
server or a polygraph]polygraphic examiner.

(d) One member who is a representative of the
general public.

3. The chairman of the board is the
attorney general or a deputy attorney general designated
by the attorney general to act in that capacity.

attorney general designated by the attorney general to act
in that capacity.

4. Members of the board are entitled to
receive per diem expenses and travel allowances as provided by law.

5. The member who is a representative of
the general public shall not participate in preparing, conducting or grading
any examination required by the board.

Sec. 34. NRS 648.030 is
hereby amended to read as follows:

648.030 1. The board shall
from time to time adopt regulations to enable it to carry out the provisions of
this chapter.

2. The board shall classify licensees
according to the type of business in which they are engaged and may limit the
field and scope of the operations of a licensee to those in which he is
classified.

3. The board may by regulation fix
qualifications of licensees and of the directors and
officers of corporate licensees necessary to promote the public welfare.

4. The board may by regulation require
licensees and their employees to attend courses in firearm safety conducted by
instructors approved by the board. The board may require a licensee or his
employee to complete a certain amount of training in firearm safety before he
may be permitted to carry a firearm in the course of his duties.

Sec. 35. NRS 648.040 is
hereby amended to read as follows:

648.040 1. [Except as provided in subsection 4, all amounts]All money received pursuant to the provisions of
this chapter must be deposited in the state treasury for credit to the attorney
generals special fund and must be used by the board for the administration of
this chapter and to pay the expenses and salary of members , agents and employees of the board.

2. Any amount remaining in the fund at
the end of a fiscal year must be carried forward into the next fiscal year.

3. The board
through majority vote controls exclusively the expenditures from the fund. The
board may not make expenditures or incur liabilities in a total amount greater
than the amount of money actually available in the fund.

4. The money in
this fund may be used to:

(a) Pay the expenses of
the board in connection with the investigation of the background of an
applicant;

(b) Finance a substantive
investigation of a licensee or of unlicensed activity; and

(c) Pay the operational
and administrative expenses of the board and its secretary,

and for such other expenses as the
board deems appropriate to regulate the persons subject to its supervision.

5. The
board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines therefor
and deposit the money therefrom in the state treasury for credit to the
attorney generals special fund.

[4. If a
hearing officer or panel is not authorized to take disciplinary action pursuant
to subsection 3 and the board deposits the money collected from the imposition
of fines with the state treasurer for credit to the state general fund, it may
present a claim to the state board of examiners for recommendation to the
interim finance committee if money is needed to pay attorneys fees or the
costs of an investigation, or both.]

2. Advertise his business as such,
irrespective of the name or title actually used.

Sec. 37. NRS 648.070 is
hereby amended to read as follows:

648.070 Every applicant for a license [under]pursuant
to the provisions of this chapter [shall]must file with the board a written application
accompanied by a nonrefundable fee of [$50.]$100 for each examination that the applicant wishes to
take. The written application must be in accordance with the following
provisions:

1. If the applicant is a natural person
the application must be signed and verified by him.

2. If the applicant is a firm or
partnership the application must be signed and verified by each natural person
composing or intending to compose the firm or partnership.

3. If the applicant is a corporation:

(a) The application must be signed and verified
by the president, the secretary and the treasurer thereof, and must specify:

(1) The name of the corporation.

(2) The date and place of its
incorporation.

(3) The amount of the corporations
outstanding paid-up capital stock.

(4) Whether this stock was paid for in
cash or property, and if in property, the nature and description of the
property.

(5) The name of the person or persons
affiliated with the corporation who possess the qualifications required for a
license under this chapter.

(b) The application must be accompanied by a
certified copy of the corporations certificate of incorporation together with
a certification from the secretary of state that the corporation is in good
standing and, if the corporation is a foreign corporation, a certification from
the secretary of state that the corporation is qualified to do business in this
state.

(c) The successor to every such officer or a director shall, before entering
upon the discharge of his duties, sign and verify a like statement, approved in
like manner as this chapter prescribes for an individual signatory to an
application [.]

entering upon the discharge of his duties, sign and verify a
like statement, approved in like manner as this chapter prescribes for an
individual signatory to an application [.]and shall transmit the statement to the board.

(d) In the event of the death, resignation or
removal of such an officer [,]or a director, notice of that fact must [forthwith] be given in writing to the [chairman of the board.]board within 10 days after the death, resignation or removal.
The board shall conduct such an investigation of the successor pursuant to NRS
648.100 as it deems necessary to verify the successors qualifications.

4. If the applicant fails to pass the
examination required by NRS 648.100 he must not be reexamined until he has paid
another fee of [$50]$100 to cover [costs]the cost of reexamination.

5. If the applicant is applying for a
license as a dog handler, the application must be accompanied by an additional
fee of [$25]$100 to cover the costs of an examination in the field.
If the applicant fails to pass the examination or cancels the examination
within 48 hours before the time scheduled for it, he may not be reexamined in
the field until he has paid an additional fee of [$25.
The board may charge a fee of $10 for instructions for applying for a license.]$100.

The forms for applications, including
the instructions, may be obtained from the office of the board. The board
shall, by regulation, charge a fee to cover the cost of the preparation of the
forms and instructions.

Sec. 38. NRS 648.080 is
hereby amended to read as follows:

648.080 Every application for a license [shall state all of the following:

1. The full name,
age, residence, present and previous occupations of each signatory.

2. That each
signatory is a citizen of the United States.]must contain:

1. A detailed
statement of the applicants personal history on the form specified by the
board. If the applicant is a corporation, the application must include such a
statement concerning each officer and director.

2. A statement of
the applicants financial condition on the form specified by the board. If the
applicant is a corporation, the application must include such a statement
concerning each officer and director.

3. A specific description of the location
of the principal place of business of the applicant , [and] the business in which he intends to
engage [.]and
the category of license he desires.

4. A full set of fingerprints and a
recent photograph [.]of the applicant or, if the applicant is a corporation, of
each officer and director.

5. [That
the applicant has had the necessary years of experience to qualify prior to an
application for a license.

6. That the
applicant has been a bona fide resident of the State of Nevada for a period of
6 months immediately preceding the filing of the application.

7. The
classification or classifications of work in which the applicant desires to be
licensed.

8.]Evidence supporting the qualifications of the applicant in
meeting the requirements for the license for which he is applying.

6. If the
applicant is [a person other than an individual, ]not a natural person, the full name and residence
address of each of its partners, officers, directors and manager, and a
certificate of filing of a fictitious name.

[9.]7. Such other facts as may be required by
the board to show the good character, competency and integrity of each
signatory.

Sec. 39. NRS 648.100 is
hereby amended to read as follows:

648.100 1. The board shall
require an applicant to [take]pass a written examination for
an initial license and may require an applicant to [take]pass an
oral examination. Examinations must be given at least four times a year . [at such times and
places as the board fixes by regulation.]

2. The board shall conduct such investigation
of an applicant , including the directors and officers
of a corporate applicant, as it considers necessary. An applicant shall
deposit with the board at the time of making [the]an initial application for
any license a fee of [$500,]$750 for the first category of license and $250 for each
additional category of license for which application is made, which must
be applied to the cost of conducting the investigation. The applicant is liable
for the entire cost of the investigation up to a maximum cost of [$750,]$1,500 for
the first category of license and $500 for each additional category of license
for which application is made, and must pay the entire fee before taking
an examination.

3. The board may refuse to grant a
license if it determines that the applicant has:

(a) Committed any act which if committed by a
licensee would be a ground for the suspension or revocation of a license under
this chapter.

(b) Committed any act constituting dishonesty or
fraud.

(c) Demonstrated untruthfulness or a lack of
integrity.

(d) Been refused a license under this chapter or
had a license revoked.

(e) Been an officer, director, partner or
manager of any firm, partnership, association or corporation which has been
refused a license under this chapter or whose license has been revoked.

(f) While unlicensed, performed any act for
which a license is required by this chapter.

(g) Knowingly made any false statement in his
application.

4. The board shall
provide the applicant with a copy of the report of the investigation within a
reasonable time after it receives the completed report.

Sec. 40. NRS 648.110 is
hereby amended to read as follows:

648.110 1. Before the board
grants any license, the applicant , including each
director and officer of a corporate applicant, must:

(3) Have completed
successfully at least 250 polygraphic examinations, including at least 100
examinations concerning specific inquiries as distinguished from general
examinations for the purpose of screening;

(4) Have completed
successfully at least 50 polygraphic examinations, including 10 examinations
concerning specific inquiries, during the 12 months immediately before the date
of his application; and

(5) Have completed
successfully at least 24 hours of advanced polygraphic training acceptable to
the board during the 2 years immediately before the date of his application.

(h) Meet other
requirements as determined by the board.

[2.]3. The board when satisfied from
recommendations and investigation that the applicant is of good character,
competency and integrity, shall issue and deliver a license to the applicant
entitling him to conduct the business for which he is licensed, for the period
which ends on July 1 next following.

4. For the
purposes of this section, 1 year of experience consists of 2,000 hours of
experience.

Sec. 41. NRS 648.120 is
hereby amended to read as follows:

648.120 1. A license [under]issued
pursuant to this chapter may not be issued or
renewed until the applicant or licensee pays
to the board a license fee of [$225.]$250 for each category of license being issued or
renewed.

2. A license held
in abeyance may not be renewed until the licensee pays to the board a license
fee of $50 for each category of license being renewed.

3. The
license fee must be paid annually and is due on July 1. The board may provide
that the fee be reduced ratably for portions of the license period.

4. A license held
in abeyance may be reinstated upon payment to the board of $100 for each
category of license and the annual license fee of $250 for each category of
license.

5. The board shall
prescribe by regulation the circumstances under which the board will hold a
license in abeyance.

Sec. 41.5. NRS 648.135 is
hereby amended to read as follows:

648.135 1. Before issuing
any license or annual renewal thereof, the board shall require satisfactory
proof that the applicant or licensee [has
effective public liability insurance coverage]is covered by a policy of insurance for protection against
liability to third persons written by an insurance company authorized to
do business in this state and providing limits of liability : [in amounts of not less
than:]

(a) In amounts not less
than $100,000 for the death or injury of one person in any one incident , [.

(b)] $300,000 for
the death or injury of two or more persons in any one incident [.

(c)], and $20,000 for the damage or destruction of property
of another in any one incident [.]; or

(b) In an amount of at
least $300,000 for both personal injury or death and the damage or destruction
of property.

2. Every licensee shall maintain the
insurance [coverage] required by
this section . [in
full force and effect.] The license of every such licensee is
automatically suspended during any period such coverage is not in effect.

3. Proof of [such
insurance coverage shall]insurance must be
in such form as the board may require.

648.140 1. Any license
obtained [under]pursuant to the provisions of this chapter gives the
licensee or any bona fide employee of the
licensee authority to engage in the type of business for which he is licensed
in any county or city in the State of Nevada, subject to county and city
ordinances.

2. [A]Except for polygraphic examiners and interns, a licensee
may employ, in connection with [such]his business, as many unlicensed persons as may
be necessary, but at all times every licensee is accountable for the good
conduct of every person employed by him in connection with [such]his business.
Each licensee shall furnish the board with [the
name, physical description and photograph of]the information requested by it concerning all
unlicensed employees, except clerical personnel, and shall notify the board
within 10 days [when]after such employees begin or terminate their
employment.

3. The board may by regulation require
that [licensees]a licensee pay registration fees for each of [their]his unlicensed
employees, except clerical employees, and impose such terms and conditions in
connection with those fees as it deems appropriate. The registration fee must
not exceed $10 for each unlicensed employee.

4. Each licensee
shall report quarterly on forms provided by the board the name of each
unlicensed employee employed by him at the time of the report and the name of
each unlicensed employee who has left his employ since the date of the last
quarterly report. The report required by this subsection is in addition to the
reports required by subsection 2.

Sec. 43. NRS 648.146 is
hereby amended to read as follows:

648.146 If a licensee fails to renew his license
within the time fixed by NRS 648.144, his license [shall
be]is automatically forfeited, but
may be reinstated within 30 days [of]after the date of the forfeiture upon his compliance with the [rules
and] regulations of the board and upon his
application [of the licensee and upon the]and payment of [the]a reinstatement fee [provided
by this chapter.]of $100. Reinstatement
of a forfeited license [shall]does not prohibit the bringing of disciplinary
proceedings for any act committed during the period of forfeiture.

Sec. 44. NRS 648.149 is
hereby amended to read as follows:

648.149 1. Each licensee
shall file in writing with the board the address of each branch office [, and within]and
pay to the board an annual fee of $50 for each branch office registered. Within
10 days after the establishment, closing or changing of location of a
branch office , a licensee shall notify the board
in writing of [such]that fact.

2. Upon the application
of a licensee and the prepayment of the fee, the
board may issue a certificate for a branch office
. [certificates.]

Sec. 45. NRS 648.150 is
hereby amended to read as follows:

648.150 The board may discipline any
licensee for any of the following causes:

1. Conviction of a felony or of any
offense involving moral turpitude.

2. Violation of any of the provisions of
this chapter [.]or of a regulation adopted pursuant thereto.

3. A false statement by the licensee that
any person is or has been in his employ.

4. Any unprofessional conduct or
unfitness of the licensee or any person in his employ.

5. Any false statement or the giving of
any false information in connection with an application for a license or a
renewal or reinstatement of a license.

6. Any act in the course of the
licensees business constituting dishonesty or fraud.

7. Impersonation or aiding and abetting
an employee in the impersonation of a law enforcement officer or employee of
the United States of America, or of any state or political subdivision thereof.

8. During the period between the
expiration of a license for the failure to renew
within the time fixed by this chapter and the reinstatement of [such]the license,
the commission of any act which would be a cause
for the suspension or revocation of a license, or grounds for the denial of an
application for a license.

9. Willful failure or refusal to render
to a client services or a report as agreed between the parties and for which
compensation has been paid or tendered in accordance with the agreement of the
parties.

10. Commission of assault, battery or
kidnaping.

11. Knowing violation of any court order
or injunction in the course of business as a licensee.

12. Any act which is a ground for denial
of an application for a license under this chapter.

13. Willfully
aiding or abetting a person in a violation of a provision of this chapter or a
regulation adopted pursuant thereto.

Sec. 46. NRS 648.170 is
hereby amended to read as follows:

648.170 1. [Before imposing any disciplinary order, the board
shall, at least 10 days before the date set for hearing, notify the licensee or
applicant in writing of any charges made. The notice may be served by delivery
of it personally to the accused or by mailing it by registered or certified
mail to the place of business last theretofore specified by the accused as
registered with the board.

2.]The complaint referred to in NRS 648.160 must be a written
statement of charges which must set forth in ordinary and concise language the
acts or omissions with which the respondent is charged. It must specify the
statute or regulation which the respondent is alleged to have violated, but
must not consist merely of charges raised in the language of the statute or
regulation.

2. Upon the filing
of the complaint, the board shall serve a copy of the complaint upon the
respondent either personally, or by registered or certified mail at his address
on file with the board.

3. Except as
provided in subsection 4, the respondent must answer within 20 days after the
service of the complaint. In his answer the respondent:

(a) Must state in short
and plain terms his defenses to each claim asserted.

(b) Must admit or deny
the facts alleged in the complaint.

(c) Must state which
allegations he is without knowledge or information to form a belief as to their
truth. Such allegations shall be deemed denied.

(d) Must affirmatively
set forth any matter which constitutes an avoidance or affirmative defense.

(e) May demand a hearing.
Failure to demand a hearing constitutes a waiver of the right to a hearing and
to judicial review of any decision or order of the board, but the board may
order a hearing even if the respondent waives his right to a hearing.

4. Failure to
answer or to appear at the hearing constitutes an admission by the respondent
of all facts alleged in the complaint. The board may take action based on such
an admission and on other evidence without further notice to the respondent. If
the board takes action based on such an admission, it shall include in the record
which evidence was the basis for the action.

5. The board shall
determine the time and place of the hearing as soon as reasonably practical
after receiving the respondents answer. The board shall deliver or send by
registered or certified mail a notice of hearing to all parties at least 10
days before the hearing.

6. The
board may delegate the authority to conduct one or more disciplinary hearings
to a hearing officer. If it does so, the hearing officer shall within 30 days
after the date of a hearing submit findings of fact and proposed conclusions of
law and recommendations to the board for its determinations.

[3.]7. At the time and place fixed in the
notice, the board or the hearing officer shall proceed to hear the charges.

[4. If the
board is not sitting at the time and place fixed in the notice, or at the time
and place to which hearing has been continued, the board may continue the
hearing for a period not to exceed 30 days.]

8. The board or
hearing officer may grant a continuance of a hearing upon a showing of good
cause.

Sec. 47. NRS 648.175 is
hereby amended to read as follows:

648.175 If, after a hearing, the board
finds that cause exists for disciplining any licensee, the board may:

1. Revoke the license of [such]the licensee.

2. Suspend the license of [such]the licensee
for not more than 1 year [.]for each violation.

3. Fine [such]the licensee not more than $1,000 [.]for each
violation.

4. Suspend an order [under]authorized
by this section upon such terms and conditions as the board considers
appropriate.

5. Place [such]the licensee on probation for not more than 2
years upon such terms and conditions as the board considers appropriate.

6. Publicly or privately reprimand [such]the licensee.

Sec. 48. NRS 648.190 is
hereby amended to read as follows:

648.190 [This]Except as to polygraphic examiners and interns, this chapter
does not apply:

1. To any detective or officer belonging
to the law enforcement agencies of the State of Nevada or the United States, or
of any county or city of the State of Nevada, while any such detective or
officer is engaged in the performance of his official duties.

2. To special police officers appointed
by the police department of any city, county, or city and county within the
State of Nevada while any such officer is engaged in the performance of his
official duties.

3. To insurance adjusters and their
associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who
are not otherwise engaged in the business of private investigators.

4. To any person employed by an employer
regularly in connection with the affairs of that employer if a bona fide
employer-employee relationship exists.

5. To a person engaged exclusively in the
business of obtaining and furnishing information as to the financial rating of
persons.

6. To a charitable philanthropic society
or association duly incorporated under the laws of this state which is
organized and maintained for the public good and not for private profit.

7. To an attorney at law in performing
his duties as such.

8. To a collection agency unless engaged
in business as a repossessor, licensed by the administrator of financial
institutions, or an employee thereof while acting within the scope of his
employment while making an investigation incidental to the business of the
agency, including an investigation of the location of a debtor or his assets
and of property which the client has an interest in or lien upon.

9. To admitted insurers and agents and
insurance brokers licensed by the state, performing duties in connection with
insurance transacted by them.

10. To any bank organized under the laws
of this state or to any national bank engaged in banking in this state.

Sec. 49. NRS 648.210 is
hereby amended to read as follows:

648.210 [The
violation of]A person who violates any
of the provisions of NRS 648.060 to 648.200, inclusive [:], and sections 8 to 26, inclusive, of this act:

1. For the first violation is guilty of a misdemeanor.

2. For the second and subsequent
violations, is guilty of a gross misdemeanor.

AN ACT relating to financial institutions;
requiring notification of the administrator of certain transfers of stock;
requiring his approval for certain other transfers of stock; and providing
other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 645B.095 is
hereby amended to read as follows:

645B.095 1. As used in this
section, change of control means:

(a) A transfer of voting stock which results in
giving a person, directly or indirectly, the power to direct the management and
policy of a mortgage company; or

(b) A transfer of at least [10]25 percent
of the outstanding voting stock of a mortgage company.

2. The administrator must be notified of a transfer of 5 percent or more of the
outstanding voting stock of a mortgage company and must approve a
transfer of voting stock of a mortgage company which constitutes a change of
control.

3. The [owner,
president, chief executive officer or a partner]person who acquires stock resulting in a change of control of
the mortgage company shall apply to the administrator for approval of [a transfer of voting stock in his mortgage company
which constitutes a change of control.]the
transfer. The application must contain information which shows that the
requirements of this chapter for obtaining a license will be satisfied after
the change of control. Except as provided in subsection
4, the administrator shall conduct an investigation to determine whether those
requirements will be satisfied. If, after the investigation, the administrator
denies the application, he may forbid the applicant from participating in the
business of the mortgage company.

4. A mortgage
company may submit a written request to the administrator to waive an
investigation pursuant to subsection 3. The administrator may grant a waiver if
the applicant has undergone a similar investigation by a state or federal
agency in connection with the licensing of or his employment with a financial
institution.

Sec. 2. Chapter 649 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A collection
agency shall immediately notify the administrator of any change:

(b) If the agency is a
corporation, in the ownership of 5 percent or more of its outstanding voting
stock.

2. An application
must be submitted to the administrator, pursuant to NRS 649.095, by:

(a) The person who
replaces the manager; and

(b) A person who
acquires:

(1) At least 25
percent of the outstanding voting stock of an agency; or

(2) Any outstanding
voting stock of an agency if the change will result in a change in the control
of the agency.

Except as provided in subsection 4,
the administrator shall conduct an investigation to determine whether the
applicant has the competence, experience, character and qualifications
necessary for the licensing of a collection agency. If the administrator denies
the application, he may in his order forbid the applicant from participating in
the business of the collection agency.

3. The collection
agency with which the applicant is affiliated shall pay such expenses incurred
in the investigation as the administrator deems necessary. All money received
by the administrator pursuant to this subsection must be placed in the
investigative fund created by NRS 232.285.

4. A collection
agency may submit a written request to the administrator to waive an
investigation pursuant to subsection 2. The administrator may grant a waiver if
the applicant has undergone a similar investigation by a state or federal
agency in connection with the licensing of or his employment with a financial
institution.

Sec. 3. NRS 661.125 is
hereby amended to read as follows:

661.125 1. As used in this
section, control means the possession, directly or indirectly, of the power
to direct or cause the direction of the management and policy of the bank, or a
change in the ownership of as much as [10]25 percent of the outstanding voting stock in any
bank.

2. [Whenever
a change occurs in]If there is a change
in ownership of 5 percent or more of the outstanding voting stock of any
bank , [which will
result in a change of control of the bank,] the president or
other chief executive officer of [such]the bank shall report [such]the facts to the administrator within 24 hours
after obtaining knowledge of [such change in the
control of the bank.]the change.

3. Whenever a loan or loans are made by a
bank, which loan or loans are, or are to be, secured by 10 percent or more of
the voting stock of a Nevada bank, the president or other chief executive
officer of the bank which makes the loan or loans shall report [such]that fact
to the administrator within 24 hours after obtaining knowledge of [such]the loan
or loans, except when the borrower has been the owner of record of the stock
for a period of 1 year or more, or the stock is of a newly organized bank [prior to]before its
opening.

4. The reports required in subsections 2
and 3 must be in addition to any reports required by any other law and must
contain whatever information is available to inform the administrator of the
effect of the transaction upon control of the bank whose stock is involved, and
must contain, when known by the person making the report:

(a) The number of shares involved;

(b) The identity of the sellers or transferors
and purchasers or transferees of record;

(c) The identity of the beneficial owners of the
shares involved;

(d) The purchase price;

(e) The total number of shares owned by the
sellers or transferors and purchasers or transferees of record, both
immediately [prior to]before and after the transaction being reported;

(f) The total number of shares owned by the
beneficial owners of the shares involved, both immediately [prior to]before and
after the transaction being reported;

(g) The identity of borrowers;

(h) The name of the bank issuing the stock
securing the loan; and

(i) The number of shares securing the loan and the
amount of the loan or loans.

5. Each bank shall report to the
administrator within 24 hours any changes in chief executive officers or
directors, including in its report a statement of the past and current business
and professional affiliations of new chief executive officers or directors. Any
new chief executive officer shall furnish to the administrator a complete
financial statement as may be required by the administrator.

6. An application
pursuant to NRS 659.045 must be submitted to the administrator by the person
who acquires stock resulting in a change of control of the bank. Except as
provided in subsection 8, the administrator shall conduct an investigation to
determine whether the character, general fitness and responsibility of the
applicant is such as to command the confidence of the community in which the
bank is located.

7. The bank with
which the applicant is affiliated shall pay such a portion of the cost of the
investigation as the administrator requires. All money received by the administrator
pursuant to this subsection must be placed in the investigative fund created by
NRS 232.285. If the administrator denies the application, he may forbid the
applicant from participating in the business of the bank.

8. A bank may
submit a written request to the administrator to waive an investigation
pursuant to subsection 6. The administrator may grant a waiver if the applicant
has undergone a similar investigation by a state or federal agency in
connection with the licensing of or his employment with a financial
institution.

Sec. 4. Chapter 673 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. An association
shall immediately notify the administrator of any change or proposed change in
ownership of the associations stock which would
result in any person, including a business trust, obtaining 5 percent or more
of the associations outstanding capital stock.

which would result in any person,
including a business trust, obtaining 5 percent or more of the associations
outstanding capital stock.

2. An application
must be submitted to the administrator, pursuant to NRS 673.080, by a person
who acquires:

(a) At least 25 percent
of an associations outstanding stock; or

(b) Any outstanding stock
of an association if the change will result in a change in the control of the
association.

Except as provided in subsection 4,
the administrator shall conduct an investigation to determine whether the
character and responsibility of the applicant is such as to command the
confidence of the community in which the association is located. If the
administrator denies the application, he may forbid the applicant from
participating in the business of the association.

3. The association
with which the applicant is affiliated shall pay such a portion of the cost of
the investigation as the administrator requires. All money received by the
administrator pursuant to this section must be placed in the investigative fund
created by NRS 232.285.

4. A savings and
loan association may submit a written request to the administrator to waive an
investigation pursuant to subsection 1. The administrator may grant a waiver if
the applicant has undergone a similar investigation by a state or federal
agency in connection with the licensing of or his employment with a financial
institution.

Sec. 5. Chapter 676 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A licensee
shall immediately notify the administrator of any change in the ownership of 5
percent or more of the outstanding voting stock of the licensee.

2. An application
must be submitted to the administrator, pursuant to NRS 676.120, by a person
who acquires:

(a) At least 25 percent
of a licensees outstanding voting stock; or

(b) Any outstanding
voting stock of a licensee if the change will result in a change in the control
of the licensee.

Except as provided in subsection 4,
the administrator shall conduct an investigation to determine whether the
financial responsibility, experience, character and general fitness of the
applicant are such as to command the confidence of the public and to warrant
belief that the business will be operated lawfully, honestly, fairly and
efficiently, within the purposes of this chapter. If the administrator denies
the application, he may forbid the applicant from participating in the business
of the licensee.

3. The licensee
with which the applicant is affiliated shall pay such a portion of the cost of
the investigation as the administrator requires. All money received by the
administrator pursuant to this subsection must be placed in the investigative
fund created by NRS 232.285.

4. A licensee may
submit a written request to the administrator to waive an investigation
pursuant to subsection 2. The administrator may grant a waiver if the applicant
has undergone a similar investigation by a state or federal agency in
connection with the licensing of or his employment with a financial
institution.

677.420 [Every
licensee shall notify the administrator of every change in the officers,
directors and managing personnel of the company and of each branch of the
company within 15 days of such change. Such report must include a complete
identification of each person.]

1. A licensee
shall immediately notify the administrator of any change in the ownership of 5
percent or more of the outstanding voting stock of the licensee.

2. An application
for approval must be submitted to the administrator by a person who acquires:

(a) At least 25 percent
of a licensees outstanding voting stock; or

(b) Any outstanding
voting stock of a licensee if the change will result in a change in the control
of the licensee.

Except as provided in subsection 4,
the administrator shall conduct an investigation in accordance with NRS
677.180. If the administrator denies the application, he may forbid the
applicant from participating in the business of the licensee.

3. The licensee
with which the applicant is affiliated shall pay such a portion of the cost of
the investigation as the administrator requires. All money received by the
administrator pursuant to this subsection must be placed in the investigative
fund created by NRS 232.285.

4. A licensee may
submit a written request to the administrator to waive an investigation
pursuant to subsection 2. The administrator may grant a waiver if the applicant
has undergone a similar investigation by a state or federal agency in
connection with the licensing of or his employment with a financial
institution.

AN ACT relating to wildlife; changing the
term of office for members of the county game management boards; providing
penalties; authorizing the issuance of nondistinguishing plates for three
exempt vehicles of the department of wildlife; increasing the reward for
information leading to the arrest and conviction of persons violating certain
laws; and providing other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 501 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. Any person who
unlawfully kills or possesses a bighorn sheep, mountain goat, elk, deer,
pronghorn antelope, mountain lion or black bear
without a valid tag is guilty of a gross misdemeanor.

bear without a valid tag is guilty of
a gross misdemeanor. This subsection does not prohibit the killing of such an
animal if necessary to protect the life or property of any person in imminent
danger of being attacked by such an animal.

2. Any vessel,
vehicle, aircraft or other equipment used to aid in the importing, exporting,
transporting, selling, receiving, acquiring or purchasing of wildlife in
violation of subsection 1 for which a gross misdemeanor conviction is obtained
is subject to forfeiture to the state if:

(a) The owner of the
vessel, vehicle, aircraft or equipment was at the time of the violation a
consenting party or privy thereto, or in the exercise of due care, should have
known that such vessel, vehicle, aircraft or other equipment would be used in
violation of subsection 1; and

(b) The violation
involved the:

(1) Intent to sell
or purchase wildlife;

(2) Offer to sell
or purchase wildlife; or

(3) Sale or
purchase of wildlife.

Sec. 2. NRS 501.010 is
hereby amended to read as follows:

501.010 As used in this Title, board
means the county [game management board.]advisory board to manage wildlife.

Sec. 3. NRS 501.023 is
hereby amended to read as follows:

501.023 As used in this Title, county,
when appearing alone or in the reference framework of county [game management board, county fish and game fund,]advisory board to manage wildlife, board of
county commissioners or any county officer, includes and applies to Carson
City.

Sec. 4. NRS 501.181 is
hereby amended to read as follows:

501.181 The commission shall:

1. Establish broad policies for:

(a) The protection, propagation, restoration,
transplanting, introduction and management of wildlife in this state.

(b) The promotion of the safety of persons using
or property used in the operation of vessels on the waters of the state.

(c) The promotion of uniformity of laws relating
to [such] policy matters.

2. Guide the department in its
administration and enforcement of the provisions of this Title and of chapter
488 of NRS by the establishment of such policies.

3. Establish policies for areas of
interest including:

(a) The management of big and small game
animals, upland and migratory game birds, fur-bearing animals, game fish, and
protected and unprotected animals, birds, fish, reptiles and amphibians.

(b) The control of wildlife depredations.

(c) The acquisition of lands, water rights and
easements and other property for the management, propagation, protection and
restoration of wildlife; the entry, access to, and occupancy and use of such
property, including leases of grazing rights; sale of agricultural products;
and requests by the director to the state land registrar for the sale of timber
if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or
fishing thereon.

timber is located for wildlife management or for hunting or
fishing thereon.

(d) The control of nonresident hunters.

(e) The introduction, transplanting or exporting
of wildlife.

(f) Cooperation with federal, state and local
agencies on wildlife and boating programs.

(g) The establishment and operation of private
and commercial game farms, hunting preserves, hatcheries and guide services.

(h) The hunting, fishing or trapping privileges
of any person convicted of two violations within a 5-year period.

4. Establish regulations necessary to
carry out the provisions of this Title and of chapter 488 of NRS, including:

(a) Regular and special seasons for hunting game
animals and game birds, for hunting or trapping fur-bearing animals and for
fishing, the daily and possession limits, the manner and means of taking
wildlife, including, but not limited to, the sex, size or other physical differentiation
for each species, and, when necessary for management purposes, the emergency
closing or extending of a season, reducing or increasing of the bag or
possession limits on a species, or the closing of any area to hunting, fishing
or trapping. [Such]The regulations must be established after first
considering the recommendations of the department, the county [game management]advisory
boards to manage wildlife and others who
wish to present their views at an open meeting.

(c) The delineation of game management units
embracing contiguous territory located in more than one county, irrespective of
county boundary lines.

(d) The number of licenses issued to
nonresidents for big game and, if necessary, other game species for the regular
and special seasons.

5. Adopt regulations requiring the
department to make public, [prior to]before official delivery, its proposed responses
to any requests by federal agencies for its comment on drafts of statements
concerning the environmental effect of proposed actions or regulations
affecting public lands.

Sec. 5. NRS 501.260 is
hereby amended to read as follows:

501.260 1. There is hereby
created a county [game management]advisory board to manage
wildlife in each of the several counties.

2. Each [county]
board consists of three members.

3. A chairman [shall]must be selected by each board.

Sec. 6. NRS 501.265 is
hereby amended to read as follows:

501.265 1. [Each member of the board shall be appointed by]Within 60 days after a vacancy occurs, the board
of county commissioners shall appoint a member to the
board upon the recommendation of the organized sportsmen of the county [.

2. The names and
addresses of the members so appointed shall be reported to the commission by
the board of county commissioners.]and
any resident of that county.

2. Within 90 days
after a vacancy occurs, the board of county commissioners shall report to the
commission the name and address of each member appointed.

Sec. 7. NRS 501.270 is
hereby amended to read as follows:

501.270 The members of the [county board shall]board must be citizens of Nevada and [actual,] bona fide residents of the
county from which appointed.

Sec. 8. NRS 501.275 is
hereby amended to read as follows:

501.275 1. The boards of
county commissioners shall appoint members to the boards of their respective
counties.

2. Each member appointed shall serve a
term of [4]3
years.

Sec. 9. NRS 501.285 is
hereby amended to read as follows:

501.285 Members of the [county] board shall serve without salary
or compensation.

Sec. 10. NRS 501.290 is
hereby amended to read as follows:

501.290 The board shall meet [quarterly at least 30 days prior to each quarterly
meeting of the commission]before those
meetings of the commission at which seasons, bag limits or hours are to be
established and at such other times as the chairman may call or the
commission may request.

Sec. 11. NRS 501.293 is
hereby amended to read as follows:

501.293 [County
board members]Members of boards may
be removed by the boards of county commissioners of the counties served for
cause, including, but not limited to, absences from three consecutive, duly
called [county] board meetings,
unless excused by their respective board chairmen.

Sec. 12. NRS 501.297 is
hereby amended to read as follows:

501.297 [County]The boards shall solicit and evaluate local
opinion and advise the commission on matters relating to the management of
wildlife within their respective counties.

Sec. 13. NRS 501.303 is
hereby amended to read as follows:

501.303 1. [County]The boards
shall submit [season recommendations on fishing
and hunting,]recommendations for setting
seasons for fishing, hunting and trapping, which must be considered by
the commission in its deliberation on and establishment of regulations covering
open or closed seasons, bag limits and hours.

2. The chairman or [county] board member appointed by him
shall attend [commission]the meetings of the commission at
which seasons are set or bag limits or hours established and is entitled to
receive such travel and per diem expenses as are allowed by law.

Sec. 14. NRS 501.310 is
hereby amended to read as follows:

501.310 There is hereby created in each
of the counties of this state a [county fund to
be known as and called the county fish and game fund. The county fish and game
fund shall]fund for the advisory board.
The fund must be kept in the county treasury, and all [moneys]money received
from the department [shall]must be placed in [such]the fund.

501.320 1. Annually, not
later than May 1, each county board shall prepare a budget for the period
ending June 30 of the following year, setting forth in detail its proposed
expenditures for [the preservation and
propagation of fish and game]carrying out
its duties as specified in this Title within its county, and submit the
budget to the commission accompanied by a statement of the previous years
expenditures, certified by the county auditor.

2. The commission shall examine the
budget in conjunction with [its technical
adviser,]the director or a person
designated by him, and may increase, decrease, alter or amend the
budget.

3. Upon approval of the budget, the
department shall transmit a copy of the approved budget to the [county] board, and at the same time
withdraw from the wildlife account within the state general fund and transmit
to the [county] board the [sum of] money required under the
approved budget for disposition by the [county]
board in accordance with the approved budget. All money so received must be
placed in the [county fish and game fund.]fund for the advisory board.

Sec. 16. NRS 501.325 is
hereby amended to read as follows:

501.325 The county auditors and county
treasurers in the respective counties [shall be]are responsible for the safety and preservation
of the [county fish and game] fund for the advisory board in their county to the same
extent as they are in respect to all other [moneys]money in the county treasury. They shall observe
and [be]are
bound by the approved budget governing the disposition of the [same]money and
shall report their actions currently in connection
therewith.

Sec. 16.5. NRS 501.385 is
hereby amended to read as follows:

501.385 Except as
otherwise provided by specific statute:

1. Any person who:

(a) Performs an act or attempts to perform an
act made unlawful or prohibited by a provision of this Title;

(b) Willfully fails to perform an act required
of him by a provision of this Title;

(c) Obstructs, hinders, delays or otherwise
interferes with any officer, employee or agent of the department in the
performance of any duty while enforcing or attempting to enforce any provision
of this Title;

(d) Violates any order issued or regulation
adopted by the commission under the provisions of this Title; or

(e) Having been granted a privilege or been
licensed or permitted to do any act under the provisions of this Title,
exercises the grant, license or permit in a manner other than as specified , [therein,]

is guilty of a misdemeanor.

2. [Except
as otherwise specifically provided in this Title, every]Every person who is guilty of a misdemeanor under this
Title shall be punished by a fine of not less than $50 nor more than $500, or
by imprisonment in the county jail for not more than 6 months, or by both fine
and imprisonment.

(a) Revoke any
license of any person who is convicted of a violation of NRS 503.050, in
addition to the penalty imposed, and may refuse to issue any new license to the
convicted person for any period not to exceed 5 years after the date of the
conviction [.]; and

(b) Revoke any license of
any person who is convicted of unlawfully killing or possessing a bighorn
sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black
bear without a valid tag, in addition to the penalty imposed, and may refuse to
issue any new license to the convicted person for any period not to exceed 3
years after the date of the conviction.

2. The court in which the conviction is
had shall require the immediate surrender of all such licenses and shall
forward them to the commission.

Sec. 18. NRS 501.395 is
hereby amended to read as follows:

501.395 1. The [commission]department
may offer a reward for one or more classes of wildlife, not to exceed [$500,]$1,000, for
information leading to the arrest and conviction of any person who unlawfully
kills or possesses wildlife of the class specified. The reward must be paid for
each person so arrested and convicted upon his conviction. The reward must be
distributed equally among the persons who supplied the information which led to
the arrest and conviction.

2. The commission may adopt such
regulations as are necessary to carry out the provisions of this section.

Sec. 19. NRS 502.324 is
hereby amended to read as follows:

502.324 The department shall, not later
than the 5th calendar day of each regular session of the legislature, submit to
it a report summarizing any projects undertaken, receipt and expenditure of [funds]money and
public benefits achieved by the program for the sale of state
duck [stamp program.]stamps.

Sec. 20. NRS 504.390 is
hereby amended to read as follows:

504.390 1. As used in this
section, unless the context requires otherwise, guide means to assist another
person [or persons] in hunting wild
animals or wild birds and fishing and includes the transporting of another
person or his equipment to hunting and fishing locations within a general
hunting and fishing area whether or not the guide determines the destination or
course of travel.

2. Every person, firm, partnership or
corporation which provides guide service for compensation or provides guide
service as an incidental service to customers of any commercial enterprise,
whether a direct fee is charged for the guide service or not, shall obtain a
master guide license from the department.

3. [Every
employee of]Each person who assists a
person, firm, partnership or corporation, that is required to have a master
guide license and acts as a guide in the course of [his
employment,]that activity shall
obtain a subguide license from the department.

4. Fees for master guide and subguide
licenses [shall]must be as provided in NRS 502.240.

5. Any person, firm, partnership or
corporation which desires a master guide license [shall]must make application for [such]the license on a form prescribed and furnished by
the department. The application [shall]must contain the following information:

(a) The name, age and address of the applicant.

(b) The area [or
areas] in which the applicant proposes to operate.

(c) The type [or
types] of guiding or packing in which the applicant proposes to
engage.

(d) The experience or knowledge which the
applicant considers to qualify him to be a guide.

(e) The nature and amount of the equipment,
vehicles, animals and other property which the applicant proposes to use in his
operations.

(f) If the applicant proposes to furnish
transportation, the location of the headquarters from which he proposes to
operate.

(g) Such other information and matters as the
department may require.

6. Any person who desires a subguide
license [shall]must make application for [such]the license on a form prescribed and furnished by
the department.

7. If the holder of a master guide
license operates with pack or riding animals, he [must]shall also have a grazing or special use permit
if he operates in any area where such a permit is required.

8. The holder of a master guide license
shall maintain records of the number of hunters and fishermen served, and any
other information which the department may require concerning fish and game
taken by such persons. Such information [shall]must be furnished to the department on request.

9. If any licensee under this section, or
person served by [such]a licensee, is convicted of a violation of any
provision of this Title, the department may immediately revoke the license of
the licensee and may refuse issuance of another license to the licensee for a
period of 2 years from the date of conviction.

10. The commission may establish
regulations covering the conduct and operation of a guide service.

11. The department may issue master guide
and subguide licenses to be valid only in certain districts in such manner as
may be determined by commission regulations.

Sec. 21. NRS 482.368 is
hereby amended to read as follows:

482.368 1. Except as
provided in subsection 2, the department shall provide suitable distinguishing
plates for exempt vehicles. These plates must be provided at cost and must be
displayed on the vehicles in the same manner as provided for privately owned
vehicles. Any license plates authorized by this section must be immediately
returned to the department when the vehicle for which they were issued ceases
to be used exclusively for the purpose for which it was
exempted from the privilege and use tax.

used exclusively for the purpose for which it was exempted
from the privilege and use tax.

2. License plates furnished for:

(a) Those automobiles which are maintained for
and used by the governor or under the authority and direction of the chief
parole and probation officer, the state contractors board and auditors, the
state fire marshal, the investigation division of the department of motor
vehicles and any authorized federal or out-of-state law enforcement agency;

(b) One automobile used by the department of
prisons, three automobiles used by the department of wildlife,
two automobiles used by the Nevada girls training center, and four
automobiles used by the Nevada youth training center;

(c) Vehicles of a city, county or the state,
except any assigned to the state industrial insurance system, if authorized by the
department for purposes of law enforcement or work related thereto or such
other purposes as are approved upon proper application and justification; and

(d) Automobiles maintained for and used by
investigators of the following:

(1) The state gaming control board;

(2) The division of brand inspection of
the state department of agriculture;

(3) The attorney general;

(4) Duly appointed city or county
juvenile officers;

(5) District [attorney]attorneys offices;

(6) [Sheriff]Sheriffs offices; and

(7) Police departments in the state,

must not bear any distinguishing mark which would serve to
identify the automobiles as owned by the state, county or city. These license
plates must be issued annually for $5.50 per set.

3. The director may enter into agreements
with departments of motor vehicles of other states providing for exchanges of
license plates of regular series for automobiles maintained for and used by
investigators of the law enforcement agencies enumerated in paragraph (d) of
subsection 2, subject to all of the requirements imposed by that paragraph,
except that the fee required by that paragraph [may]must not be charged.

4. Applications for the licenses must be
made through the head of the department, board, bureau, commission, school
district or irrigation district, or through the chairman of the board of county
commissioners of the county or town or through the mayor of the city, owning or
controlling the vehicles, and no plate or plates may be issued until a
certificate has been filed with the department showing that the name of the
department, board, bureau, commission, county, city, town, school district or
irrigation district, as the case may be, and the words For Official Use Only
have been permanently and legibly affixed to each side of the vehicle, except
those automobiles enumerated in subsection 2.

5. For the purposes of this section,
exempt vehicle means a vehicle exempt from the
privilege tax, except one owned by the United States.

vehicle exempt from the privilege tax, except one owned by
the United States.

6. The department shall adopt regulations
governing the use of all license plates provided for in this section. Upon a
finding by the department of any violation of its regulations, it may revoke
the violators privilege of registering vehicles pursuant to this section.

Sec. 22. NRS 616.077 is
hereby amended to read as follows:

616.077 Members of the county [game management boards,]advisory boards to manage wildlife who serve without
compensation pursuant to the provisions of NRS 501.285, while engaged in their
designated duty as [such] members,
shall be deemed [,] for the purpose
of this chapter, employees receiving a wage of $250 per month, and, in the
event of injury while performing their designated duty, [shall
be]are entitled to receive the benefits of this chapter upon the [county game management] boards complying
therewith.

Sec. 23. NRS 501.025 and
501.280 are hereby repealed.

Sec. 24. 1. The
attorney general shall attempt to initiate negotiations with representatives of
the states of Arizona and California to draft a compact or compacts between
this state and each of the other states to provide:

(a) For cooperation in the enforcement of
criminal laws and regulations for boating safety on the rivers and lakes
forming the boundary between this state and Arizona and California; and

(b) Concurrent jurisdiction for the courts of
this state and each of the other states for criminal offenses committed on the
waterway forming the boundary between the states.

2. The attorney general shall submit to
the 63rd or 64th session of the legislature as recommended legislation any
compact or compacts negotiated pursuant to subsection 1.

Sec. 25. 1. The
terms of all members of the county game management boards appointed before
November 1, 1985, expire on November 1, 1985.

2. On or before January 1, 1986, the
board of county commissioners of each county shall appoint members to the
county advisory board to manage wildlife for that county as follows:

(a) One member whose term expires December 31,
1986.

(b) One member whose term expires December 31,
1987.

(c) One member whose term expires December 31,
1988.

3. Until November 1, 1985, the members of
the respective county game management boards shall perform the duties of the
respective county advisory boards to manage wildlife.

________

κ1985
Statutes of Nevada, Page 1357κ

CHAPTER 454, SB 136

Senate Bill No. 136Committee
on Human Resources and Facilities

CHAPTER 454

AN ACT relating to health care; creating a
division for review of health resources and costs in the department of human
resources; and providing other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 439A of
NRS is hereby amended by adding thereto the provisions set forth as sections 2
to 7, inclusive, of this act.

Sec. 2. Administrator means the administrator of the division.

Sec. 3. Division means the division for review of health resources
and costs of the department of human resources.

Sec. 5. The director shall contract with the University of Nevada
System to collect and analyze information from health facilities and purchasers
of health care to:

1. Respond to
requests for information from the legislature.

2. Provide
technical assistance to purchasers of health care.

3. Provide the
department with information necessary to carry out the provisions of chapter
439A of NRS.

4. Provide other
persons with information relating to the cost of health care.

Sec. 6. The director shall:

1. Establish
procedures for the review of all statutes, regulations and standards governing
the approval, licensing or certification of health facilities. The procedures
must provide for participation in the review by providers of health care and
the general public.

2. Before December
31 of each even-numbered year, prepare a report to the governor and the
legislature identifying any statutes, regulations and standards which add to
the cost of health care without providing a significant benefit and the action
which has been taken or is required to eliminate any such statutes, regulations
and standards.

Sec. 7. Any project related to a health maintenance organization is
not exempt from review pursuant to NRS 439A.100 unless it is subject to review
pursuant to 42 U.S.C. § 300m-6.

Sec. 8. NRS 439A.010 is
hereby amended to read as follows:

439A.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 439A.011 to [439A.019,]439A.018,
inclusive, and sections 2, 3 and 4 of this act, have
the meanings ascribed to them in those sections.

439A.015 Health facility means a
facility in or through which health services are
provided [. The term includes a:

1. Facility for
rehabilitation of inpatients;

2. Facility for
treatment of end-stage renal disease;

3. Freestanding
unit for hemodialysis;

4. Home health
agency;

5. Hospital;

6. Institution for
treatment of tuberculosis;

7. Intermediate
care facility;

8. Psychiatric
hospital;

9. Skilled nursing
facility; or

10. Surgical
center for ambulatory patients.], except
for the office of a practitioner used solely to provide routine services for
health to his patients. The term includes any parent, affiliate, subsidiary or
partner of such a facility and any other entity which has a primary purpose of
providing a benefit to such a facility. For the purposes of this section
office of a practitioner solely to provide routine services for health to his
patients does not include:

1. A facility
which is or will be qualified to receive reimbursement, other than for the
services of a practitioner, as a health facility from any public agency.

2. A facility
which contains or will contain medical equipment which meets the threshold for
review of costs pursuant to paragraph (d) of subsection 2 of NRS 439A.100.

Sec. 10. NRS 439A.020 is
hereby amended to read as follows:

439A.020 The [state
health coordinating council is hereby created]purposes of this chapter are to:

1. Promote equal access to quality health
care at a reasonable cost;

2. Promote an adequate supply and
distribution of health resources;

3. Promote uniform, effective methods of
delivering health care;

4. Promote and encourage the adequate
distribution of health and care facilities and
manpower;

5. Promote and encourage the effective
use of methods for controlling increases in the cost of health care;

6. Encourage participation in health
planning by members of the several health professions, representatives of
institutions and agencies interested in the provision of health care [,]and the
reduction of the cost of such care, and the general public;

7. Utilize the viewpoint of the general
public for making decisions; [and]

8. Encourage public education regarding
proper personal health care and methods for the effective use of available
health services [.]; and

9. Promote a
program of technical assistance to purchasers to contain effectively the cost
of health care, including:

(a) Providing information
to purchasers regarding the charges made by practitioners.

(b) Training purchasers
to negotiate successfully for a policy of health insurance.

(c) Conducting studies
and providing other information about measures to assist purchasers in
containing the cost of health care.

Sec. 11. NRS 439A.030 is
hereby amended to read as follows:

439A.030 1. The state health coordinating council is hereby created. The
council consists of at least [7]seven members appointed by the governor. [Not less than 50 nor more than]Between 50 and 60 percent of the members of the council
must be persons who are recipients of health services and not providers of
health services.

2. Each health systems agency is entitled
to the same number of representatives, no fewer than two, on the council. Of
the representatives of each health systems agency, [not
less than 50 nor more than]between 50 and
60 percent must be persons who are recipients of health services and not
providers of health services.

3. If one or more hospitals or other
health care facilities of the Veterans Administration are located in the
state, the council shall, in addition to the appointed members, include as a
nonvoting member a person whom the Chief Medical Director of the Veterans
Administration designates as a representative of such a facility or facilities.

4. The council shall select a chairman
from among its members.

5. The council may meet regularly at
least once in each calendar quarter of a year.

Sec. 12. NRS 439A.081 is
hereby amended to read as follows:

439A.081 1. The department [shall act as the agency for state health planning and
development for the purposes of the Federal Act. As that state agency, the
department:

(a) Shall carry out the
state administrative program and perform the functions of health planning and
development for the state as prescribed in the Federal Act;

(b) Shall consult with
and assist the council; and

(c) May accept and
disburse money granted by the Federal Government pursuant to the Federal Act.

2. The director
may establish within the department an office of health planning and resources,
consisting of employees in the classified service, which shall:

(a) Perform health
planning functions.

(b) Carry out the
functions of the department as the state agency under the Federal Act.]is the agency of the State of Nevada for health planning
and development, and shall carry out the state administrative program and
perform the functions of health planning and development for the state in
accordance with the following priorities:

(a) Providing for the
effective use of methods for controlling increases in the cost of health care;

(b) Providing for the adequate
supply and distribution of health resources;

(c) Providing for equal
access to quality health care at a reasonable cost; and

(d) Providing the public
education regarding proper personal health care and methods for the effective
use of available health services.

The department shall consult with and
assist the council.

2. In order to
carry out the provisions of this chapter, the director may:

(a) Delegate the duties
of the director and the department pursuant to this chapter to the
administrator and the division;

(b) Hire employees in the
classified service;

(c) Adopt such
regulations as are necessary; and

(d) Apply for, accept and
disburse money granted by the Federal Government for the purposes of health
planning and development, including grants made pursuant to the Federal Act.

3. The department may [:

(a) Adopt such
regulations as are necessary to carry out the provisions of this chapter.

(b) By], by regulation, fix fees to be collected from
applicants seeking approval of proposed health facilities or services. The
amounts of any such fees must be based upon the departments costs of examining
and acting upon the applications.

[(c) Require
providers of health services doing business in the state to make statistical
and other reports appropriate to the performance of its duties under this
chapter. The information required to be included in the reports must be
mutually agreed upon by the director, the health systems agencies and
representatives of the providers of health care who are affected.]

4. In developing and revising any state
plan for health planning and development, the department shall consider, among
other things, the amount of money available from the Federal Government for
health planning and development and the conditions attached to the acceptance
of such money, and the limitations of legislative appropriations for health
planning and development.

Sec. 13. NRS 439A.100 is
hereby amended to read as follows:

439A.100 1. [No]Except as
provided in section 7 of this act, no person may undertake any project
described in subsection 2 without first applying for and obtaining the written
approval of the director. The health division of the department of human
resources shall not issue a new license or alter an existing license for any
project described in subsection 2 unless the director has issued such an
approval.

2. The projects for which this approval
is required are as follows:

(a) Any proposed expenditure by or on behalf of
a health facility [or health maintenance organization]
in excess of [$600,000,]the greater of $714,000 or such
an amount as the department may specify by regulation, which under generally
accepted accounting principles consistently applied is a capital expenditure;

of $714,000 or such an amount
as the department may specify by regulation, which under generally accepted
accounting principles consistently applied is a capital expenditure;

(b) A proposal which increases the number of
licensed or approved beds in a health facility through the addition of [ten]10 or
more beds or a number of beds equal to 10 percent of the licensed or approved
capacity of that facility , [or organization,] whichever is less,
over a period of 2 years;

(c) The proposed addition [of any health service to be offered in or through a
health facility or health maintenance organization, if the addition:

(1) Involves a
capital expenditure for a service which was not offered on a regular basis in
or through the facility or organization during the previous 12 months; or

(2) Would entail
an annual operating expenditure in excess of $250,000, or such an amount as the
department may specify by regulation;],
expansion or consolidation of any health service to be offered in or through a
health facility which was not offered on a regular basis in the previous 12
months if the addition, expansion or consolidation:

(1) Involves a
capital expenditure in excess of $100,000, or such an amount as the department
may specify by regulation; or

(2) Would entail
an annual operating expense for providing the service in excess of $297,500, or
such an amount as the department may specify by regulation, whichever is
greater;

(d) The proposed acquisition of any medical
equipment which would cost more than $400,000, or such an amount as the
department may specify by regulation, [and which
would be owned by or located at a health facility;

(e) The proposed acquisition
of any item of medical equipment which would cost more than $400,000, or such
an amount as the department may specify by regulation, which would not be owned
by or located at a health facility, if the owner does not, within a period
specified by regulation of the department, notify it of his intention to
purchase the equipment, or the department finds within 30 days after the date
it receives such notice that the equipment will be used to provide services for
inpatients of hospitals on more than an occasional basis; and

(f)]whichever is greater;

(e) The
acquisition of an existing health facility if:

(1) The purchaser does not, within a
period specified by a regulation of the department, notify it of his intention
to acquire the facility; or

(2) The department finds, within 30 days
after it receives the notice, that in acquiring the facility the purchaser will
change the number of beds or the health services offered [.]; and

(f) The conversion of an
existing office of a practitioner to a health facility, regardless of the cost
of the conversion, if the establishment of the office would have met the
threshold for review of costs pursuant to paragraph (c).

3. [Upon
receiving]In reviewing an
application for approval, the director [or office
shall consider any recommendation of a health systems agency. A decision to
approve or disapprove the application must generally be based on the need for
services, utilizing criteria, established by the department by regulation,
which are consistent with the purposes set forth in NRS 439A.020 and with the
goals and priorities of the health plans developed pursuant to the Federal Act.
The director may base his decision upon the recommendation of his staff
concerning the need for services.]shall:

(a) Comparatively assess
applications for similar projects affecting the same geographic area;

(b) Consider any
recommendation of a health systems agency; and

(c) Base his decision on
criteria established by the director by regulation. The criteria must include:

(1) The need for
and the appropriateness of the project in the area to be served;

(2) The extent to
which the project is consistent with the state health plan;

(3) The financial
feasibility of the project;

(4) The effect of
the project on the cost of health care; and

(5) The extent to
which the project is consistent with the purposes set forth in NRS 439A.020 and
the priorities set forth in NRS 439A.081.

4. The department may by regulation
require additional approval for a proposed change to a project which has
previously been approved if the proposal would result in a change in the number
of existing beds or a change in the health services which are to be provided, a
change in the location of the project or a substantial increase in the cost of
the project.

5. The decision of
the director is a final decision for the purposes of judicial review.

Sec. 14. (Deleted by
amendment.)

Sec. 15. NRS 449.370 is
hereby amended to read as follows:

449.370 1. The state
department shall afford to every applicant for assistance for a construction
project an opportunity for a fair hearing before the state department [or its office of health planning and resources]
upon 10 days written notice to the applicant.

2. If the state department, after
affording reasonable opportunity for development and presentation of
applications in the order of relative need, finds that [a
project]an application is in
conformity with the state plan, the state department shall approve the
application and shall recommend and forward it to the federal agency.

3. The state department shall consider
and forward applications in the order of relative need set forth in the state
plan.

Sec. 16. NRS 449.450 is
hereby amended to read as follows:

449.450 The following terms, wherever
used or referred to in NRS [449.440]449.450 to 449.530, inclusive, have the following
meaning unless a different meaning clearly appears in the context:

2. Admitted
health insurer means an insurer authorized to transact health insurance in
this state under a certificate of authority issued by the commissioner [.

2. Commissioner
means the commissioner of insurance.

3. Health and
care facility]of insurance.

3. Department
means the department of human resources.

4. Director
means the director of the department.

5. Division
means the division for review of health resources and costs of the department.

6. Institution means
any person, [institution,] place,
building or agency which maintains and operates facilities for the diagnosis,
care and treatment of human illness and provides beds for inpatient care. The
term includes but is not limited to hospitals, convalescent care facilities,
nursing care facilities, detoxification centers and all specialized medical
health care facilities.

2. Hold public hearings, conduct
investigations and require the filing of information relating to any matter
affecting the cost of services in all institutions subject to the provisions of
NRS [449.440]449.450 to 449.530, inclusive, and may subpena
witnesses, financial papers, records and documents in connection therewith. The
[commissioner]director may also administer oaths in any hearing or
investigation.

3. Exercise, subject to the limitations
and restrictions imposed in NRS [449.440]449.450 to 449.530, inclusive, all other powers
which are reasonably necessary to carry out the expressed objects of [such]those sections.

4. Delegate to the
administrator the authority to carry out the provisions of NRS 449.450 to
449.530, inclusive.

Sec. 18. NRS 449.465 is
hereby amended to read as follows:

449.465 The [commissioner]director may, by regulation, impose fees upon [health and care facilities and] admitted
health insurers to cover the costs of carrying out the provisions of NRS [449.440]449.450 to
449.530, inclusive. [The fee schedule established
by the commissioner must, as nearly as practicable, provide for the payment of
one-half of those costs by health and care facilities and one-half by admitted
health insurers.]The maximum amount of
fees collected must not exceed the amount authorized by the legislature in each
biennial budget.

Sec. 19. NRS 449.470 is
hereby amended to read as follows:

449.470 In carrying out the duties
prescribed in NRS [449.440]449.450 to 449.530, inclusive, the [commissioner]director
may utilize his own staff or may contract with any appropriate,
independent and qualified organization.

qualified organization. Such a contractor
shall not release or publish or otherwise use any information made available to
it under its contractual responsibility unless [such]
permission is specifically granted by the [commissioner.]director.

Sec. 20. NRS 449.490 is
hereby amended to read as follows:

449.490 1. Every [health and care facility]institution which is subject to the provisions of NRS [449.440]449.450 to
449.530, inclusive, shall file with the [commissioner]department the following financial statements or
reports in a form and at intervals specified by the [commissioner]director but at least annually:

(a) A balance sheet detailing the assets, liabilities
and net worth of the institution for its fiscal year; and

(b) A statement of income and expenses for the
fiscal year.

2. The [annual
financial statements filed pursuant to this section shall be prepared in
accordance with the system of accounting and reporting adopted under NRS
449.480. The commissioner]director shall
require the certification of specified financial reports by the institutions
certified public accountant and may require attestations from responsible [officials]officers
of the institution that [such reports have]the reports are, to the best of their knowledge
and belief [been prepared in accordance with the
prescribed system of accounting and reporting.], accurate and complete.

3. The [commissioner]director shall require the filing of all reports
by specified dates, and may adopt regulations which assess penalties for
failure to file as required, but he shall not require the submission of [any]a final annual
report sooner than 6 months after the close of the fiscal year, and may grant
extensions to [facilities]institutions which can show that the required
information is not available on the required reporting date.

4. All reports, except privileged medical
information, filed under any provisions of NRS [449.440]449.450 to 449.530, inclusive, are open to public
inspection and [shall]must be available for examination at the office of the [commissioner]department
during regular business hours.

Sec. 21. NRS 449.500 is
hereby amended to read as follows:

449.500 The [commissioner]director shall engage in or carry out analyses
and studies relating to the cost of health care [costs] in Nevada and other [western] states, the financial status of
any institution subject to the provisions of NRS [449.440]449.450 to 449.530, inclusive, and any other
appropriate related matters, and he may publish and disseminate any information
relating to the financial aspects of health care as he deems desirable in the
public interest and in accordance with the provisions of NRS [449.440]449.450 to
449.530, inclusive. He shall further require the filing of information
concerning the total financial needs of each institution and the resources
available or expected to become available to meet such needs, including but not
limited to the effect of proposals made by comprehensive areawide and state health planning agencies.

state health planning agencies. [Such
information shall]The information must be
divided into at least the following components of
an institutions expenses:

1. Operating expenses related to patient
care.

2. Expenses incurred for rendering
services to patients for whom payment is not made in full including, but not
limited to, the separate expenses for contractual
allowances imposed by federal or state law, charity care and uncollectible
accounts.

3. All incurred interest charges on
indebtedness for both capital and operating needs.

8. Requirements for capital expenditures
for replacement, modernization, renovation and expansion of services and
facilities.

9. Requirements for necessary working
capital, including but not limited to operating cash, patients accounts
receivable and inventories.

10. Federal, state and local taxes not
ordinarily considered operating expenses where applicable.

11. Operating surpluses necessary for a
fair return to their owners equal to returns on investments in industries of
comparable risk, or for the purpose of assuring continuity of operation and
prudent management.

Sec. 22. NRS 449.510 is
hereby amended to read as follows:

449.510 The [commissioner]director shall prepare and file such summaries,
compilations or other supplementary reports based on the information filed with
[the commissioner]him under NRS [449.440]449.450 to 449.530, inclusive, as will advance
the purposes of [such]those sections. All such summaries, compilations and
reports are open to public inspection [and shall], must be made available to requesting agencies
and [shall]must
be prepared within a reasonable time following the end of each
institutions fiscal year or more frequently as specified by the [commissioner.]director.

Sec. 23. NRS 449.520 is
hereby amended to read as follows:

449.520 On or before October 1 [, 1984, and every year thereafter, the commissioner]of each year, the director shall prepare and
transmit to the governor and the interim finance committee a report of the [commissioners]departments
operations and activities for the preceding fiscal year. This report
must include copies of all summaries, compilations and supplementary reports
required by NRS [449.440]449.450 to 449.530, inclusive, together with such
facts, suggestions and policy recommendations as the [commissioner]director deems necessary.

Sec. 24. NRS 449.530 is
hereby amended to read as follows:

449.530 The [commissioner]director may impose upon the [health and care facilities]institutions subject to supervision under NRS [449.440]449.450 to
449.530, inclusive, an administrative fine not exceeding
[$100] $500 per day for each violation of any of the provisions of NRS
[449.440] 449.450 to 449.530, inclusive.

exceeding [$100]$500 per day for each violation of any of the
provisions of NRS [449.440]449.450 to 449.530, inclusive.

Sec. 25. NRS 232.300 is
hereby amended to read as follows:

232.300 1. The department of
human resources is hereby created.

2. The department consists of a director
and the following divisions:

(a) Aging services division.

(b) Division for review
of health resources and costs.

(c) Health
division.

[(c)](d) Mental hygiene and mental retardation
division.

[(d)](e) Rehabilitation division.

[(e)](f) Welfare division.

[(f)](g) Youth services division.

3. The department is the sole agency
responsible for administering the provisions of law relating to its respective
divisions.

Sec. 26. NRS 232.320 is
hereby amended to read as follows:

232.320 The director:

1. Shall appoint, with the consent of the
governor, chiefs of the divisions of the department, who are respectively
designated as follows:

(a) The administrator of the aging services
division;

(b) The administrator of
the division for review of health resources and costs;

(c) The
administrator of the health division;

[(c)](d) The administrator of the mental hygiene and
mental retardation division;

[(d)](e) The administrator of the rehabilitation
division;

[(e)](f) The state welfare administrator; and

[(f)](g) The administrator of the youth services
division.

2. Is responsible for the administration,
through the divisions of the department, of the provisions of chapters 210, 422
to 427A, inclusive, [and] 431 to
436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS,
NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other
provisions of law relating to the functions of the divisions of the department,
but is not responsible for the clinical activities of the health division or
the professional line activities of the other divisions.

3. Has such other powers and duties as
are provided by law.

Sec. 26.5. NRS 233B.039 is
hereby amended to read as follows:

233B.039 1. The following
agencies are entirely exempted from the requirements of this chapter:

(i) The state board of examiners acting pursuant
to chapter 217 of NRS.

2. The department of education is subject
to the provisions of this chapter for the purpose of regulation-making but not
with respect to any contested case.

3. The Nevada state board of accountancy
is not subject to the provisions of this chapter for the purpose of adopting
rules of professional conduct for accountants and auditors.

4. The special provisions of:

(a) [NRS 439A.105
for the review of decisions involving the issuance of letters of approval for
health facilities and agencies;

(b)] Chapter 612
of NRS for the distribution of regulations by and the judicial review of
decisions of the employment security department;

[(c)](b) Chapters 616 and 617 of NRS for the
determination of contested claims; and

[(d)](c) Chapter 703 of NRS for the judicial review of
decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.

5. The provisions of NRS 233B.122,
233B.124, 233B.125 and 233B.126 do not apply to the department of human
resources in the adjudication of contested cases involving the issuance of
letters of approval for health facilities and agencies.

6. The provisions of this chapter do not
apply to any order for immediate action, including but not limited to
quarantine and the treatment or cleansing of infected or infested animals,
objects or premises, made under the authority of the state board of
agriculture, the state board of health, the state board of sheep commissioners
or any other agency of this state in the discharge of a responsibility for the
preservation of human or animal health or for insect or pest control.

Sec. 27. NRS 679B.090 is
hereby amended to read as follows:

679B.090 1. The commissioner
may employ such other technical, actuarial, rating, clerical and other
assistants and examiners as he may reasonably require for execution of his
duties, each of whom must be in the classified service of the state.

2. The commissioner may contract for and
procure services of examiners and other or additional specialized technical or
professional assistance, as independent contractors or for a fee, as he may
reasonably require. None of the persons providing those services or assistance
on a contract or fee basis may be in the classified service of the state.

[3. The
commissioner shall employ or contract with a person who has knowledge and
training concerning health and care facilities and the methods used to contain
costs at those facilities. Under the supervision of the commissioner, this
employee shall perform the commissioners duties under the provisions of NRS
449.440 to 449.530, inclusive, and any other duties concerning health and care
facilities or insurance assigned to him by the commissioner.]

Sec. 29. The commissioner of
insurance shall transmit all material prepared or compiled pursuant to NRS
449.450 to 449.530, inclusive, to the director of the department of human
resources on or before September 1, 1985.

Sec. 30. The legislative
counsel shall, in preparing the supplement to NRS, with respect to any section
which is not amended by this act or is further amended by another act:

1. Appropriately correct any reference to
an officer or agency whose designation is changed by this act, according to the
function performed.

2. If an internal reference is made to a
section repealed by this act, delete the reference or correct it by reference
to the superseding section, if any.

AN ACT relating to children; revising
provisions for protection from abuse or neglect; and providing other matters
properly relating thereto.

[Approved June 3, 1985]

whereas, The
legislature finds that there are abused or neglected children within this state
who need protection; and

whereas, The
legislature finds that there is a need for the prevention, identification and
treatment of abuse or neglect of children; and

whereas, It
is the purpose of this act to establish judicial procedures to protect the
rights of parents and children and to provide a system for the services
necessary to protect the welfare and development of abused or neglected
children and, if appropriate, to preserve and stabilize the family; now,
therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 38 of NRS
is hereby amended by adding thereto a new chapter to consist of the provisions
set forth as sections 2 to 60, inclusive, of the act.

Sec. 2. As used in this
chapter, unless the context otherwise requires, the words and terms defined in
sections 3 to 13, inclusive, of this act, have the meanings ascribed to them in
those sections.

(c) Negligent treatment or maltreatment as set
forth in section 16 of this act,

of a child caused or allowed by a person responsible for his
welfare under circumstances which indicate that the childs health or welfare
is harmed or threatened with harm.

2. A child is not abused or neglected,
nor is his health or welfare harmed or threatened for the sole reason that his
parent or guardian, in good faith, selects and depends upon nonmedical remedial
treatment for such child, if such treatment is recognized and permitted under
the laws of this state in lieu of medical treatment. This subsection does not
limit the court in ensuring that a child receive a medical examination and
treatment pursuant to NRS 62.231.

3. As used in this section, allow means
to do nothing to prevent or stop the abuse or neglect of a child in
circumstances where the person knows or has reason to know that a child is
abused or neglected.

Sec. 4. Agency which
provides protective services means:

1. The local office of the welfare
division; or

2. An agency of a county authorized by
the court to receive and investigate reports of abuse or neglect,

which provides or arranges for necessary services.

Sec. 5. Child means a
person under the age of 18 years.

Sec. 6. Court means the
juvenile division of the district court.

Sec. 7. Custodian means a
person or a governmental organization, other than a parent or legal guardian,
who has been awarded legal custody of a child.

Sec. 8. Mental injury
means an injury to the intellectual or psychological capacity or the emotional
condition of a child as evidenced by an observable and substantial impairment
of his ability to function within his normal range of performance or behavior.

Sec. 9. Parent means a natural
or adoptive parent whose parental rights have not been terminated.

Sec. 14. Excessive corporal
punishment may result in physical or mental injury constituting abuse or
neglect of a child under the provisions of this chapter.

Sec. 15. A person is
responsible for a childs welfare under the provisions of this chapter if he is
the childs parent, guardian or foster parent, a stepparent with whom the child
lives, an adult person continually or regularly found in the same household as
the child, or a person directly responsible or serving as a volunteer for or
employed in a public or private home, institution or facility where the child
actually resides.

Sec. 16. Negligent treatment
or maltreatment of a child occurs if a child has been abandoned, is without
proper care, control and supervision or lacks the subsistence, education,
shelter, medical care or other care necessary for the well-being of the child
because of the faults or habits of the person responsible for his welfare or
his neglect or refusal to provide them when able to do so.

Sec. 17. The welfare
division shall:

1. Administer any money granted to the
state by the Federal Government under 42 U.S.C. § 5103;

2. Plan and coordinate all protective
services provided throughout the state;

3. Provide directly or arrange for other
persons or governmental organizations to provide protective services;

4. Coordinate its activities with and
assist the efforts of any law enforcement agency, a court of competent
jurisdiction and any public or private organization which provides social
services for the prevention, identification and treatment of abuse or neglect
of children;

5. Involve communities in the improvement
of protective services; and

6. Evaluate all protective services
provided throughout the state and withhold money from or revoke the license of
any agency providing protective services which is not complying with the
regulations adopted by the welfare division.

8. The prevention, identification and
correction of abuse or neglect of a child in residential institutions.

Sec. 19. The welfare
division shall establish and maintain a center with a toll-free telephone
number to receive reports of abuse or neglect of a child in this state 24 hours
a day, 7 days a week. Any reports made to this center must be promptly
transmitted to the agency providing protective services in the community where
the child is located.

Sec. 20. 1. A
child is in need of protection if:

(a) He has been abandoned by a person
responsible for his welfare;

(b) He is suffering from congenital drug addiction
or the fetal alcohol syndrome, because of the faults or habits of a person
responsible for his welfare;

(c) He has been subjected to abuse or neglect by
a person responsible for his welfare;

(d) He is in the care of a person responsible
for his welfare and another child has died as a result of abuse or neglect by
that person; or

(e) He has been placed for care or adoption in
violation of law.

2. A child may be in need of protection
if the person responsible for his welfare:

(a) Is unable to discharge his responsibilities
to and for the child because of incarceration, hospitalization or other
physical or mental incapacity;

(b) Fails, although he is financially able to do
so or has been offered financial or other means to do so, to provide for the
following needs of the child:

(1) Food, clothing or shelter necessary
for the childs health or safety;

(2) Education as required by law; or

(3) Adequate medical care.

Sec. 21. 1. A
report must be made immediately to an agency which provides protective services
or to a law enforcement agency when there is reason to believe that a child has
been abused or neglected. If the report of abuse or neglect of a child involves
the acts or omissions of an agency which provides protective services or a law
enforcement agency, the report must be made to and the investigation made by an
agency other than the one alleged to have committed the acts or omissions.

2. Reports must be made by the following
persons who, in their professional or occupational capacities, know or have
reason to believe that a child has been abused or neglected:

family counselor, alcohol or drug abuse counselor, advanced
emergency medical technician-ambulance or other person providing medical
services licensed or certified in this state;

(b) Any personnel of a hospital or similar
institution engaged in the admission, examination, care or treatment of persons
or an administrator, manager or other person in charge of a hospital or similar
institution upon notification of suspected abuse or neglect of a child by a
member of the staff of the hospital;

(c) A coroner;

(d) A clergyman, practitioner of Christian
Science or religious healer, unless he has acquired the knowledge of the abuse
or neglect from the offender during a confession;

(e) A social worker and an administrator,
teacher, librarian or counselor of a school;

(f) Any person who maintains or is employed by a
facility or establishment that provides care for children, childrens camp or
other public or private facility, institution or agency furnishing care to a
child;

(g) Any person licensed to conduct a foster
home;

(h) Any officer or employee of a law enforcement
agency or an adult or juvenile probation officer;

(i) An attorney, unless he has acquired the
knowledge of the abuse or neglect from a client who is or may be accused of the
abuse or neglect; and

(j) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
abuse or neglect of a child and refers them to persons and agencies where their
requests and needs can be met.

3. A report may be made by any other
person.

4. Any person required to report under
this section who has reasonable cause to believe that a child has died as a
result of abuse or neglect shall report this belief to the appropriate medical
examiner or coroner, who shall investigate the report and submit to an agency
which provides protective services his written findings, which must include the
information required under the provisions of subsection 2 of section 22 of this
act.

Sec. 22. 1. The
report required under the provisions of subsection 1 of section 21 of this act
may be made verbally, by telephone or otherwise.

2. The report must contain the following
information, if obtainable:

(a) The name, address, age and sex of the child;

(b) The name and address of the childs parents or
other person responsible for his care;

(c) The nature and extent of the abuse or
neglect of the child;

(d) Any evidence of previously known or
suspected abuse or neglect of the child or the childs siblings;

(e) The name, address and relationship, if
known, of the person who is alleged to have abused or neglected the child; and

(f) Any other information known to the person
making the report that the agency which provides protective services considers
necessary.

Sec. 23. Any person who
knowingly and willfully violates the provisions of section 21 of this act is
guilty of a misdemeanor.

Sec. 24. 1. Upon
receipt of a report concerning the possible abuse or neglect of a child, an
agency which provides protective services or a law enforcement agency shall,
within 3 working days, initiate an investigation. A law enforcement agency
shall promptly notify an agency which provides protective services of any
report it receives.

2. An agency which provides protective
services and a law enforcement agency shall cooperate in the investigation, if
any, of a report of abuse or neglect of a child.

Sec. 25. 1. A
designee of an agency investigating a report of abuse or neglect of a child
may, without the consent of and outside the presence of any person responsible
for the childs welfare, interview a child concerning any possible abuse or
neglect. The child may be interviewed at any place where he is found. The
designee shall, immediately after the conclusion of the interview, if
reasonable possible, notify a person responsible for the childs welfare that
the child was interviewed, unless the designee determines that such notification
would endanger the child.

2. A designee of an agency investigating
a report of abuse or neglect of a child may, without the consent of the person
responsible for a childs welfare:

(a) Take or cause to be taken photographs of the
childs body, including the areas of trauma; and

(b) If indicated after consultation with a
physician, cause X-rays or medical tests to be performed on a child.

3. Upon the taking of any photographs,
X-rays or medical tests pursuant to subsection 2, the person responsible for
the childs welfare must be notified immediately if reasonably possible, unless
the designee determines such notification would endanger the child. The
reasonable cost of these photographs, X-rays or medical tests must be paid by
the agency providing protective services if money is not otherwise available.

4. Any photographs or X-rays taken
pursuant to subsection 2, or copies thereof, must be sent to the agency
providing protective services and to the law enforcement agency participating
in the investigation of the report. The photograph or X-ray:

(a) Must be accompanied by a statement
indicating the name of the child, the name and address of the person taking the
photograph or X-ray and the date the photograph or X-ray was taken;

(b) Is admissible in any proceeding relating to
abuse or neglect of the child; and

(c) May be given to the childs parent or
guardian if he pays the cost of duplicating them.

Sec. 26. 1. Reports
made pursuant to this chapter, as well as all records concerning these reports
and investigations thereof, are confidential.

2. Any person, law enforcement agency or
public agency, institution or facility who or facility
who willfully releases data or information concerning such reports and
investigations, except:

or facility who or facility who willfully releases data or
information concerning such reports and investigations, except:

(a) Pursuant to a criminal prosecution relating
to abuse or neglect of a child; and

(b) To persons or agencies enumerated in section
27 of this act,

is guilty of a misdemeanor.

Sec. 27. 1. Data
or information concerning reports and investigations thereof made pursuant to
this chapter may be made available only to:

(a) A physician who has before him a child who
he reasonably believes may have been abused or neglected;

(b) A person authorized to place a child in
protective custody if he has before him a child who he reasonably believes may
have been abused or neglected and he requires the information to determine
whether to place the child in protective custody;

(c) An agency, including an agency in another
jurisdiction, responsible for or authorized to undertake the care, treatment or
supervision of:

(1) The child; or

(2) The person responsible for the
childs welfare;

(d) A district attorney or other law enforcement
officer who requires the information in connection with an investigation or prosecution
of abuse or neglect of a child;

(e) Any court, for in camera inspection only,
unless the court determines that public disclosure of the information is
necessary for the determination of an issue before it;

(f) A person engaged in bona fide research or an
audit, but any information identifying the subjects of a report must not be
made available to him;

(g) The childs guardian ad litem;

(h) A grand jury upon its determination that
access to these records is necessary in the conduct of its official business;

(i) An agency which provides protective services
or which is authorized to receive, investigate and evaluate reports of abuse or
neglect of a child;

(j) A team organized for the protection of a
child pursuant to section 32 of this act;

(k) A parent or legal guardian of the child, if
the identity of the person responsible for reporting the alleged abuse or
neglect of the child to a public agency is kept confidential;

(l) The person named in the report as allegedly
being abused or neglected, if he is not a minor or otherwise legally
incompetent;

(m) An agency which is authorized by law to
license foster homes or facilities for children or to investigate persons
applying for approval to adopt a child, if the agency has before it an
application for that license or is investigating an applicant to adopt a child;
or

(n) Upon written consent of the parent, any
officer of this state or a city or county thereof or
legislator authorized, by the agency or department having jurisdiction or by
the legislature, acting within its jurisdiction, to investigate the activities
or programs of an agency which provides protective services if:

city or county thereof or legislator authorized, by the
agency or department having jurisdiction or by the legislature, acting within
its jurisdiction, to investigate the activities or programs of an agency which
provides protective services if:

(1) The identity of the person making the
report is kept confidential; and

(2) the officer, legislator or a member
of his family is not the person alleged to have committed the abuse or neglect.

2. Any person, except for the subject of
a report or a district attorney or other law enforcement officer initiating
legal proceedings, who is given access, pursuant to subsection 1, to
information identifying the subjects of a report who makes this information
public is guilty of a misdemeanor.

3. The welfare division shall adopt
regulations to carry out the provisions of this section.

Sec. 28. Each agency which
provides protective services shall investigate each report of abuse or neglect
received or referred to it to determine:

1. The composition of the family,
household or facility, including the name, address, age, sex and race of each
child named in the report, any siblings or other children in the same place or
under the care of the same person, the persons responsible for the childrens
welfare and any other adult living or working in the same household or
facility;

2. Whether there is reasonable cause to
believe any child is abused or neglected or threatened with abuse or neglect,
the nature and extent of existing or previous injuries, abuse or neglect and
any evidence thereof, and the person apparently responsible;

3. If there is reasonable cause to
believe that a child is abused or neglected, the immediate and long-term risk
to the child if he remains in the same environment; and

4. The treatment and services which
appear necessary to help prevent further abuse or neglect and to improve his
environment and the ability of the person responsible for the childs welfare
to care adequately for him.

Sec. 29. The agency
investigating a report of abuse or neglect of a child shall, upon completing
the investigation, report to the central registry:

1. Identifying and demographic
information on the child alleged to be abused or neglected, his parents, any
other person responsible for his welfare and the person allegedly responsible
for the abuse or neglect;

2. The facts of the alleged abuse or
neglect, including the date and type of alleged abuse or neglect, the manner in
which the abuse was inflicted and the severity of the injuries; and

3. The disposition of the case.

Sec. 30. 1. An
agency which provides protective services may waive a full investigation of a
report of abuse or neglect of a child made by another
agency or a person if, after assessing the circumstances, it is satisfied that:

made by another agency or a person if, after assessing the
circumstances, it is satisfied that:

(a) The person or other agency who made the
report can provide services to meet the needs of the child and the family, and
this person or agency agrees to do so; and

(b) The person or other agency agrees in writing
to report periodically on the child and to report immediately any threat or
harm to the childs welfare.

2. The agency which provides protective
services shall supervise for a reasonable period the services provided by the
person or other agency pursuant to subsection 1.

Sec. 31. 1. If
the agency which provides protective services determines that a child needs
protection, but is not in imminent danger from abuse or neglect, it may:

(a) Offer to the parents or guardian a plan for
services and inform him that the agency has no legal authority to compel him to
accept the plan but that it has the authority to petition the court pursuant to
section 49 of this act or to refer the case to the district attorney or a law
enforcement agency; or

(b) File a petition pursuant to section 49 of
this act and, if a child is adjudicated in need of protection, request that the
child be removed from the custody of his parents or guardian or that he remain
at home with or without the supervision of the court or of any person or agency
designated by the court.

2. If the parent or guardian accepts the
conditions of the plan offered by the agency pursuant to paragraph (a) of
subsection 1, the agency may elect not to file a petition and may arrange for
appropriate services, including medical care, care of the child during the day,
management of the home or supervision of the child, his parents or guardian.

Sec. 32. An agency which
provides protective service may organize one or more teams for protection of a
child to assist the agency in the evaluation and investigation of reports of
abuse or neglect of a child, diagnosis and treatment of abuse or neglect and
the coordination of responsibilities. Members of the team serve at the
invitation of the agency and must include representatives of other
organizations concerned with education, law enforcement or physical or mental
health.

Sec. 33. 1. A
parent or guardian of a child who is in need of protection may place the child
with a public agency authorized to care for children or a private institution
or agency licensed by the department of human resources to care for such
children if:

(a) Efforts to keep the child in his own home
have failed; and

(b) The parents or guardian and the agency or
institution voluntarily sign a written agreement for placement of the child
which sets forth the rights and responsibilities of each of the parties to the
agreement.

2. If a child is placed with an agency or
institution pursuant to subsection 1, the parent or guardian shall:

(a) If able, contribute to the support of the
child during his temporary placement;

(b) Inform the agency or institution of any
change in his address or circumstances; and

(c) Meet with a representative of the agency or
institution and participate in developing and carrying out a plan for the
possible return of the child to his custody, the placement of the child with a
relative or the eventual adoption of the child.

3. A parent or guardian who voluntarily
agrees to place a child with an agency or institution pursuant to subsection 1
is entitled to have the child returned to his physical custody within 48 hours
of a written request to that agency or institution. If that agency or
institution determines that it would be detrimental to the best interests of
the child to return him to the custody of his parent or guardian, it shall
cause a petition to be filed pursuant to section 49 of this act.

4. If the child has remained in temporary
placement for 6 consecutive months, the agency or institution shall:

(a) Immediately return the child to the physical
custody of his parent or guardian; or

(b) Cause a petition to be filed pursuant to
section 49 of this act.

5. The welfare division shall adopt
regulations to carry out the provisions of this section.

Sec. 34. If an agency which
provides protective services determines that there is no reasonable cause to
believe that a child is in need of protection, it shall proceed no further in
that matter.

Sec. 35. If the agency which
provides protective services determines that further action is necessary to
protect a child who is in need of protection, as well as any other child under
the same care who may be in need of protection, it may refer the case to the
district attorney for criminal prosecution and may recommend the filing of a
petition pursuant to section 49 of this act.

Sec. 36. 1. An
agent or officer of a law enforcement agency, an officer of the juvenile
probation department or a designee of an agency which provides protective
services may place a child in protective custody without the consent of the
person responsible for the childs welfare if he has reasonable cause to
believe that immediate action is necessary to protect the child from injury,
abuse or neglect. An agency which provides protective services shall request
the assistance of a law enforcement agency in the removal of the child if it
has reasonable cause to believe that the child or the person placing the child
in protective custody may be threatened with harm.

2. A child placed in protective custody
pending an investigation and a hearing held pursuant to section 47 of this act
must be placed in a hospital, if the child needs hospitalization, or in a shelter,
which may include a foster home or other home or facility which provides care
for such children, but the child shall not be placed in a jail or other place for detention, incarceration or residential care of persons
convicted of a crime or children charged with delinquent acts.

(a) Take steps to protect any other child
remaining in the home or facility, if necessary;

(b) Make a reasonable effort to inform the
person responsible for the childs welfare that the child has been placed in
protective custody; and

(c) As soon as practicable, inform the agency
which provides protective services and the appropriate law enforcement agency.

Sec. 37. A physician
treating a child or a person in charge of a hospital or similar institution may
hold a child for no more than 24 hours if there is reasonable cause to believe
that the child has been abused or neglected and that he is in danger of further
harm if released. The physician or other person shall immediately notify a law
enforcement agency or an agency which provides protective services that he is
holding the child.

Sec. 38. Immunity from civil
or criminal liability extends to every person who in good faith:

1. Makes a report pursuant to the
provisions of section 21 of this act;

2. Conducts an interview or allows an
interview to be taken pursuant to section 25 of this act;

3. Allows or takes photographs or X-rays
pursuant to section 25 of this act;

4. Holds a child pursuant to section 37
of this act or places a child in protective custody;

5. Refers a case or recommends the filing
of a petition pursuant to section 35 of this act; or

6. Participates in a judicial proceeding
resulting from a referral or recommendation.

Sec. 39. Any person required
to report under section 21 of this act may not invoke any of the privileges
granted under chapter 49 of NRS:

1. For his failure to report as required
under section 21 of this act; or

2. In cooperating with an agency which
provides protective services or a guardian ad litem for a child; or

3. In any proceeding held pursuant to
sections 42 to 60, inclusive, of this act.

Sec. 40. Nothing in the
provisions of NRS 432.100 to 432.130, inclusive, and sections 2 to 60, inclusive,
of this act, prohibits an agency which provides protective services from
sharing information with other state or local agencies if:

1. The purpose for sharing the
information is for the development of a plan for the care, treatment or
supervision of a child who has been abused or neglected or of a person
responsible for the childs welfare;

2. The other agency has standards for
confidentiality equivalent to those of the agency which provides protective
services; and

3. Proper safeguards are taken to ensure
the confidentiality of the information.

Sec. 41. An agency which
provides protective services must receive from the state, any of its political
subdivisions or any agency of either, any cooperation, assistance and
information it requests in order to fulfill its responsibilities under NRS
432.100 to 432.130, inclusive, and sections 2 to 60, inclusive, of this act.

Sec. 42. 1. The
court has exclusive original jurisdiction in proceedings concerning any child
living or found within the county who is a child in need of protection or may
be a child in need of protection.

2. Action taken by the juvenile court
because of the abuse or neglect of a child does not preclude the prosecution
and conviction of any person for violation of NRS 200.508 based on the same
facts.

Sec. 43 After a petition is
filed that a child is in need of protection pursuant to section 49 of this act,
the court shall appoint a representative of an agency which provides protective
services, a juvenile probation officer, an officer of the court or a volunteer
as a guardian ad litem to represent and protect the best interests of the
child. A parent or other person responsible for the childs welfare may not be
so appointed. No compensation may be allowed a person serving as guardian ad
litem.

Sec. 44. 1. A
parent or other person responsible for the childs welfare who is alleged to
have abused or neglected a child may be represented by an attorney at all
stages of any proceedings under sections 42 to 60, inclusive, of this act. If
this person is indigent, the court may appoint an attorney to represent him.
The court may, if it finds it appropriate, appoint an attorney to represent the
child.

2. Each attorney, other than a public
defender, if appointed under the provisions of subsection 1, is entitled to the
same compensation and payment for expenses from the county as provided in NRS
7.125 for an attorney appointed to represent a person charged with a crime. An
attorney appointed to represent a child may also be appointed as guardian ad
litem for the child pursuant to section 43 of this act, unless the attorney
requests the appointment of a separate guardian ad litem. He may not receive
any compensation for his services as a guardian ad litem.

Sec. 45. Only those persons
having a direct interest in the case, as ordered by the judge or master, may be
admitted to any proceeding held pursuant to sections 42 to 60, inclusive, of
this act.

Sec. 46. in any civil
proceeding had pursuant to sections 42 to 60, inclusive, of this act, if there
is expert testimony that a physical or mental injury of a child would
ordinarily not be sustained or a condition not exist without either negligence
or a deliberate but unreasonable act or failure to act by the person
responsible for his welfare, the court shall find that the child is in need of
protection unless that testimony is rebutted.

Sec. 47. 1. A
child taken into protective custody pursuant to section 36 of this act must be
given a hearing, conducted by a judge, master or special master appointed by
the judge for that particular hearing, within 72 hours, excluding Saturdays,
Sundays and holidays, after being taken into custody, to determine whether the
child should remain in protective custody pending further action by the court.

2. Notice of the time and place of the
hearing must be given to a parent or other person responsible for the childs
welfare:

(a) By personal service of a written notice;

(b) Orally; or

(c) If the parent or other person responsible for
the childs welfare cannot be located after a reasonable effort, by posting a
written notice on the door of his residence.

3. If notice is given by means of
paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to
the person at his last known address within 24 hours after the child is placed
in protective custody.

Sec. 48. 1. At
the commencement of the hearing on protective custody, the court shall advise
the parties of their right to be represented by an attorney and of their right
to present evidence.

2. If the court finds, as a result of the
hearing that there is reasonable cause to believe:

(a) That the child may be harmed if released
from protective custody; or

(b) A parent or other person responsible for the
childs welfare is not available to care for the child,

the court shall issue an order keeping the child in
protective custody pending a disposition by the court.

3. If the court finds that the best
interests of the child do not require that the child remain in protective
custody, the court shall order his immediate release.

Sec. 49. 1. An
agency which provides protective services:

(a) Shall, within 10 days after the hearing on
protective custody, unless good cause exists, initiate a proceeding in court by
filing a petition which meets the requirements set forth in section 50 of this
act or recommend against any further action in court; or

(b) If a child is not placed in protective
custody, may, after an investigation is made under sections 2 to 41, inclusive,
of this act, file a petition which meets the requirements set forth in section
50 of this act.

2. If the agency recommends against
further action, the court may, on its own motion, initiate proceedings when it
finds that it is in the best interests of the child.

3. If a child has been placed in
protective custody and if further action in court is taken, an agency which
provides protective services shall make recommendations to the court concerning
whether the child should be returned to the person responsible for his welfare
pending further action in court.

Sec. 50. 1. A
petition alleging that a child is in need of protection may be signed only by:

(a) A representative of an agency which provides
protective services;

(b) A law enforcement officer or probation
officer; or

(c) The district attorney.

2. The district attorney shall
countersign every petition alleging need of protection, and shall represent the
petitioner in all proceedings. If the district attorney fails or refuses to
countersign the petition, the petitioner may seek a review by the attorney
general. If the attorney general determines that a petition should be filed, he
shall countersign the petition and shall represent the petitioner in all
subsequent proceedings.

3. Every petition must be entitled, In
the Matter of _________________, a child, and must be verified by the person
who signs it.

4. Every petition must set forth
specifically:

(a) The facts which bring the child within the
jurisdiction of the court as indicated in section 42 of this act;

(b) The name, date of birth and address of the
residence of the child;

(c) The names and addresses of the residences of
his parents and any other person responsible for the childs welfare, and
spouse if any. If his parents or other person responsible for his welfare do
not reside in this state or cannot be found within the state, or if their addresses
are unknown, the petition must state the name of any known adult relative
residing within the state, or if there is none, the known adult relative
residing nearest to the court; and

(d) Whether the child is in protective custody,
and if so, the agency responsible for placing the child in protective custody
and the reasons therefor.

5. When any of the facts required by
subsection 4 are not known, the petition must so state.

Sec. 51. 1. After
a petition has been filed, the court shall direct the clerk to issue a summons
requiring the person who has custody or control of the child to appear
personally and bring the child before the court at a time and place stated in
the summons. The summons must advise the parties of their rights to counsel at
the adjudicatory hearing. A copy of the petition must be attached to each
summons.

2. If the person so summoned is other
than a parent or guardian of the child, then the parent or guardian, or both,
must also be notified by a similar summons of the pendency of the hearing and
of the time and place appointed.

3. Summons may be issued requiring the
appearance of any other person whose presence, in the opinion of the court, is
necessary.

4. If it appears that the child is in
such condition or surroundings that his welfare requires that his custody be
immediately assumed by the court, the court may order, by endorsement upon the
summons, that the person serving it shall at once deliver
the child to an agency which provides protective services in whose custody the
child must remain until the further order of the court.

person serving it shall at once deliver the child to an agency
which provides protective services in whose custody the child must remain until
the further order of the court.

5. If the person summoned resides in this
state, the summons must be served personally. If the person summoned cannot be
found within this state or does not reside in this state, the summons must be
mailed by registered or certified mail to his last known address.

Sec. 52. 1. An
adjudicatory hearing must be held within 30 days after the filing of the
petition, unless good cause is shown.

2. At the hearing, the court shall inform
the parties of the specific allegations in the petition and give them an
opportunity to admit or deny them. If the allegations are denied, the court
shall hear evidence on the petition.

3. In adjudicatory hearings all relevant
and material evidence helpful in determining the questions presented, including
oral and written reports, may be received by the court and may be relied upon
to the extent of its probative value. The parties or their attorney must be afforded
an opportunity to examine and controvert written reports so received and to
cross-examine individuals making reports when reasonably available.

4. The court may require the child to be
present in court at the hearing.

5. If the court finds by a preponderance
of the evidence that the child is in need of protection, it shall record its
findings of fact and may proceed immediately or at another hearing held within
15 working days, to make a proper disposition of the case. If the court finds
that the allegations in the petition have not been established, it shall
dismiss the petition and, if the child is in protective custody, order the
immediate release of the child.

Sec. 53. 1. If
the court finds that the allegations of the petition are true, it shall order
that a report be made in writing by an agency which provides protective
services, concerning the conditions in the childs place of residence, the
childs record in school, the mental, physical and social background of his
family, its financial situation and other matters relevant to the case.

2. If the agency believes that it is
necessary to remove the child from the physical custody of his parents, it must
submit with the report a plan designed to achieve a placement of the child in a
setting as near to the residence of his parent as is consistent with the best
interests and special needs of the child. The plan must include:

(a) A description of the type and
appropriateness of the home or institution in which the child could be placed,
a plan for assuring that he would receive proper care and a description of his
needs;

(b) A description of the services to be provided
to the child and to a parent to facilitate the return of the child to the
custody of his parent or to assure his permanent placement;

(c) The appropriateness of the services to be
provided under the plan; and

Sec. 54. 1. If
the court finds that the child is in need of protection, it shall determine if
reasonable efforts were made by the agency which provides protective services
to prevent or eliminate the need for his removal from his home and to
facilitate his return to his home. The court may, by its order, after receipt
and review of the report from the agency which provides protective services:

(a) Permit the child to remain in the custody of
his parents or guardian with or without supervision by the court or a person or
agency designated by the court, upon such conditions as the court may
prescribe;

(b) Place him in the temporary custody of a
relative who the court finds suitable to receive and care for him with or
without supervision, upon such conditions as the court may prescribe;

(c) Place him in the temporary custody of a
public agency or institution authorized to care for children, the local
juvenile probation department or a private agency or institution licensed by
the department of human resources to care for such a child; or

(d) Commit him to the custody of the
superintendent of the northern Nevada childrens home or the superintendent of
the southern Nevada childrens home, in accordance with chapter 423 of NRS.

2. If, pursuant to subsection 1, a child
is placed other than with a parent, the parent retains the right to consent to
adoption, to determine the childs religious affiliation and to reasonable
visitation, unless restricted by the court. If the custodian of the child
interferes with these rights, the parent may petition the court for enforcement
of his rights.

3. A copy of the report prepared for the
court by the agency which provides protective services must be sent to the
custodian and the parent or legal guardian.

Sec. 55. The court may also
order:

1. The child, a parent or the guardian to
undergo such medical, psychiatric, psychologic or other care or treatment as
the court considers to be in the best interests of the child.

2. A parent or guardian to:

(a) Refrain from any harmful or offensive
conduct toward the child, the other parent, the custodian of the child or
person given physical custody of the child;

(b) Refrain from visiting the child if the court
determines that the visitation is not in the best interest of the child; and

(c) Pay to the custodian the reasonable cost of
the childs care, including food, shelter, clothing, medical care and
education.

Sec. 56. 1. A
motion for revocation or modification of an order issued pursuant to sections
54 and 55 of this act may be filed by the custodian of the child, the
governmental organization or person responsible for supervising the care of the
child, the guardian ad litem of the child or a parent or guardian. Notice of
this motion must be given by registered or certified mail to all parties of the
adjudicatory hearing, the custodian and the governmental organization or person
responsible for supervising the care of the child.

2. The court shall hold a hearing on the
motion and may dismiss the motion or revoke or modify any order as it
determines is in the best interest of the child.

Sec. 57. 1. If
a child is placed pursuant to section 54 of this act other than with a parent,
the placement must be reviewed by the court at least semiannually.

2. The custodian shall, before any
hearing for review of the placement of a child, submit a report to the court
which includes an evaluation of the progress of the child and his family and
any recommendations for further supervision, treatment or rehabilitation. A
copy of the report must be given to the parents, the guardian ad litem and the
attorney, if any, representing the parent or the child.

3. The court shall hold a hearing to
review the placement, unless the parent, guardian or the custodian files a
motion to dispense with the hearing. If the motion is granted, the court may
make its determination from any report, statement or other information
submitted to the court.

4. Notice of the hearing must be given by
registered or certified mail to all parties of any of the prior proceedings,
except a parent whose rights have been terminated pursuant to chapter 128 of
NRS or who has voluntarily relinquished the child for adoption pursuant to NRS
127.040.

5. The court may require the presence of
the child at the hearing.

6. The court shall review:

(a) The continuing necessity for and
appropriateness of the placement;

(b) The extent of compliance with the plan
submitted pursuant to subsection 2 of section 53 of this act;

(c) Any progress which has been made in
alleviating the problem which resulted in the placement of the child; and

(d) The date the child may be returned to his
home or placed for adoption or under a legal guardianship.

Sec. 58. 1. The
court shall hold a hearing 18 months after the hearing on the disposition held
pursuant to subsection 5 of section 52 of this act and annually thereafter.
Notice of this hearing must be given by registered or certified mail to all
parties of the dispositional proceeding, except a parent whose rights have been
terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished
the child for adoption pursuant to NRS 127.040.

2. The court may require the presence of
the child at the hearing.

3. At the hearing the court shall
determine whether:

(a) The child should be returned to his parents
or other relatives;

(b) The childs placement in the foster home or
other similar institution should be continued; or

(c) In the best interests of the child,
proceedings to terminate parental rights pursuant to chapter 128 of NRS or to
establish a guardianship pursuant to chapter 159 of NRS should be initiated.

4. This hearing may take the place of the
hearing for review required under section 57 of this act.

Sec. 59. The agency which
provides protective services shall assist the court during all stages of any
proceeding in accordance with sections 42 to 60, inclusive, of this act.

Sec. 60. This chapter does
not deprive other courts of the right to determine the custody of children upon
writs of habeas corpus, or to determine the custody or guardianship of children
in cases involving divorce or problems of domestic relations.

Sec. 61. NRS 432.020 is
hereby amended to read as follows:

432.020 The welfare division shall:

1. Provide , to
the extent that support is not otherwise ordered by a court pursuant to this
chapter, maintenance and special services to:

(a) Unmarried mothers and children awaiting
adoptive placement.

(b) Handicapped children who are receiving
specialized care, training or education.

(c) Children who are placed in the custody of
the welfare division, and who are placed in foster homes, homes of relatives
other than parents [, group care facilities or
other care centers or]or other facilities
or institutions, but payment for children who are placed in the northern
Nevada childrens home or the southern Nevada childrens home [shall]must be
made in accordance with the provisions of NRS 423.210. If any child is to be placed in the custody of the welfare division,
pursuant to any [court] order of a court or request [,
such]made by a person or agency other
than the welfare division, this order or request [shall]may be issued or made only after an opportunity
for a hearing has been given to the welfare division [pursuant
to summons or other]after 3 days notice,
or upon request of the welfare division.

2. [Return]Except as otherwise provided in this chapter or chapter
62 of NRS for an abused or neglected child, return a child to his natural
home or home of a competent relative for a probationary period any time after
the expiration of 60 days from the placement of the child in the custody of the
welfare division, with notification to but without formal application to a
court, but the welfare division retains the right to custody of the child
during [such]the probationary period, until a court of competent
jurisdiction determines proper custody of the child.

3. Accept [moneys]money from and cooperate with the United States
or any of its agencies in carrying out the provisions of this chapter and of
any federal acts pertaining to public child welfare and youth services, insofar
as [such acceptance may be legally delegated]authorized by the legislature . [to the welfare
division.]

Sec. 62. NRS 432.100 is
hereby amended to read as follows:

432.100 1. There is hereby
established a statewide central registry for [child
abuse and neglect.

2. The statewide]the collection of information concerning abuse or
neglect of a child. This central registry [shall]must be maintained by and in the central office
of the welfare division.

(a) The information in
any report of child abuse or neglect made pursuant to section 21 of this act,
and the results, if any, of the investigation of the report;

(b) Statistical
information on the protective services provided in this state; and

(c) Any other information
which the welfare division determines to be in furtherance of NRS 432.100 to
432.130, inclusive, and sections 2 to 41, inclusive, of this act.

3. The welfare division may designate a
county hospital in each county having a population of 100,000 or more as a
regional registry for [child abuse and neglect.]the collection of information concerning the abuse or
neglect of a child.

Sec. 63. NRS 432.110 is
hereby amended to read as follows:

432.110 The welfare division shall
maintain a record of the names and identifying data, dates and circumstances of
any persons requesting or receiving information from the central or regional
registries and any other information which might be helpful in furthering the
purposes of NRS [432.120 and 432.130.]432.100 to 432.130, inclusive, and sections 2 to 41,
inclusive, of this act.

Sec. 64. NRS 432.120 is
hereby amended to read as follows:

432.120 1. [Reports made to the central or regional registries and
any other information obtained for registry purposes and in the possession of
the welfare division, or a designated hospital, are confidential and shall be
made available only to persons and agencies enumerated in NRS 200.5045.

2.] Information [shall]contained
in the central or regional registries or obtained for these registries must not
be released unless the right of the applicant to the information is confirmed
and the released information discloses the nature of the disposition of the
case or its current status.

[3. A person
given access to names or other information identifying a subject of the report
shall not divulge or make public such identifying information unless he is a
district attorney or other law enforcement official and the purpose concerns
court action.

4.]2. Unless an investigation of a report,
conducted pursuant to [NRS 200.501 to 200.509,
inclusive,]NRS 432.100 to 432.130,
inclusive, and sections 2 to 41, inclusive, of this act, reveals some
credible evidence of alleged [child]
abuse or neglect [,]of a child, all information identifying the subject of
a report [shall]must be expunged from the central and regional
registries [forthwith.]at the conclusion of the investigation or within 60 days after
the report is filed, whichever occurs first. In all other cases, the
record of the [report]substantiated reports contained in the central or
regional registries [shall]must be sealed no later than 10 years after the [subject] child who
is the subject of the report reaches the age of 18.

3. The welfare division
shall adopt regulations to carry out the provisions of this section.

432.130 Any person who willfully releases
data or information contained in the central or regional registries to
unauthorized persons in violation of NRS [200.5045
and] 432.120 or section 27 of this act is
guilty of a misdemeanor.

Sec. 66. NRS 49.259 is
hereby amended to read as follows:

49.295 1. Except as provided
in subsections 2 and 3 and NRS 49.305:

(a) A husband cannot be examined as a witness
for or against his wife without her consent, nor a wife for or against her
husband without his consent.

(b) Neither a husband nor a wife can be
examined, during the marriage or afterwards, without the consent of the other,
as to any communication made by one to the other during marriage.

2. The provisions of subsection 1 do not
apply to a:

(a) Civil proceeding brought by or on behalf of
one spouse against the other spouse;

(b) Proceeding to commit or otherwise place his
spouse, the property of his spouse or both the spouse and the property of the
spouse under the control of another because of the alleged mental or physical
condition of the spouse;

(c) Proceeding brought by or on behalf of a spouse
to establish his competence;

(d) Proceeding in the juvenile court pursuant to
chapter 62 of NRS [;]and sections 42 to 60, inclusive, of this act; or

(e) Criminal proceeding in which one spouse is
charged with:

(1) A crime against the person or the
property of the other spouse or of a child of either, or of a child in the
custody or control of either, whether [such]the crime was committed before or during
marriage.

(2) Bigamy or incest.

(3) A crime related to abandonment of a
child or nonsupport of a wife or child.

3. The provisions of subsection 1 do not
apply in any criminal proceeding to events which took place before the husband
and wife were married.

Sec. 67. Chapter 62 of NRS
is hereby amended by adding thereto the provisions set forth as sections 68 to
71, inclusive, of this act.

Sec. 68. Whenever any child is stopped by a peace officer for any
violation of a traffic law or an ordinance which is punishable as a
misdemeanor, the peace officer may prepare and issue a written traffic citation
under the same criteria as would apply to an adult violator. If the child gives
his written promise to appear in court by signing the citation, the officer
shall deliver a copy of the citation to the child and shall not take him into
physical custody for the violation.

Sec. 69. 1. Except as otherwise provided in subsection 2,
the name or race of any child connected with any proceedings under this chapter may not be published in or broadcasted or aired by any
news medium without a written order of the court.

chapter may not be published in or
broadcasted or aired by any news medium without a written order of the court.

2. If there have
been two prior adjudications that a child has committed offenses which would be
felonies if committed by an adult, and the child is charged under this chapter
with another such offense, the name of the child and the nature of the charges
against him may be released and made available for publication and broadcast.

Sec. 70. 1. A child adjudicated under this chapter is not
a criminal and any adjudication is not a conviction, and a child may be charged
with a crime or convicted in any other court only as provided in NRS 62.080.

2. An adjudication
under this chapter upon the status of a child does not impose any of the civil
disabilities ordinarily resulting from conviction, and the disposition of a
child or any evidence given in court must not be used to disqualify the child
in any future application for or appointment to the civil service.

Sec. 71. This chapter does not deprive other courts of the right to
determine the custody of children upon writs of habeas corpus, or to determine
the custody or guardianship of children in cases involving divorce or problems
of domestic relations.

Sec. 72. NRS 62.040 is hereby
amended to read as follows:

62.040 1. Except as
otherwise provided in this chapter, the court has exclusive original
jurisdiction in proceedings:

(a) [Concerning
any child living or found within the county who is neglected because:

(1) he has been
abandoned by his parents, guardian, or other custodian;

(2) He is without
proper parental care and control, or subsistence, education, medical or other
care or control necessary for his wellbeing, or he is suffering from congenital
drug addiction or the fetal alcohol syndrome, because of the faults or habits
of his parents, guardian or other custodian or their neglect or refusal, when
able to do so, to provide them;

(3) He has been
subjected to physical or mental injury of a nonaccidental nature, sexual abuse,
sexual exploitation or negligent treatment or maltreatment constituting abuse
and neglect as defined in NRS 200.5011, by a person who is responsible for his
welfare under circumstances which indicate that his health or welfare is harmed
or threatened thereby;

(4) His parents,
guardian, or other custodian are unable to discharge their responsibilities to
and for the child because of incarceration, hospitalization or other physical
or mental incapacity; or

(5) He has been
placed for care or adoption in violation of law.

(b)] Concerning
any child living or found within the county who is in need of supervision
because he:

(1) Is a child who is subject to
compulsory school attendance and is an habitual truant from school;

(2) Habitually disobeys the reasonable
and lawful demands of his parents, guardian, or other custodian, and is
unmanageable; or

(3) Deserts, abandons or runs away from
his home or usual place of abode,

and is in need of care or rehabilitation. The child must not
be considered a delinquent.

[(c)](b) Concerning any child living or found within
the county who has committed a delinquent act. A child commits a delinquent act
if he:

(1) Commits an act designated a crime
under the law of the State of Nevada except murder or attempted murder, or
violates a county or municipal ordinance or any rule or regulation having the
force of law; or

(2) Violates the terms or conditions of
an order of court determining that he is a child in need of supervision.

[(d)](c) Concerning any child in need of commitment to
an institution for the mentally retarded.

2. [This
chapter does not deprive other courts of the right to determine the custody of
children upon writs of habeas corpus, or to determine the custody or
guardianship of children in divorce or domestic relations cases.

3.] This chapter
does not deprive justices courts and municipal courts in any county having a
population of 250,000 or more of original jurisdiction to try juveniles charged
with minor traffic violations but:

(a) The restrictions set forth in subsection 3
of NRS 62.170 are applicable in those proceedings; and

(b) Those justices courts and municipal courts
may, upon adjudication of guilt of the offenses, refer any juvenile to the
juvenile court for disposition if the referral is deemed in the best interest
of the child and where the minor is unable to pay the fine assessed or there
has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the
juvenile division is required before reference to the juvenile court may be
ordered. Any child charged in a justices court or municipal court pursuant to
this subsection must be accompanied at all proceedings by a parent or legal
guardian.

[4. Action
taken by the juvenile court pursuant to the jurisdiction conferred by
subparagraph (3) of paragraph (a) of subsection 1 does not preclude the
prosecution and conviction of any person for violation of NRS 200.508 based on
the same facts and circumstances.]

Sec. 73. NRS 62.085 is
hereby amended to read as follows:

62.085 1. [The judge may appoint an attorney to represent any
child in any proceeding in which the court has jurisdiction under the
provisions of this chapter if it appears that such person is unable to employ
counsel.

2.]If a child is alleged to be delinquent or in need of
supervision, the child and his parents, guardian or custodian must be advised
by the court or its representative that the child is entitled to be represented
by an attorney at all stages of the proceedings.

an attorney at all stages of the
proceedings. If an attorney is not retained for the child, or if it does not
appear that an attorney will be retained, an attorney must be appointed for the
child, unless waived.

2. If an attorney
is appointed to represent a child, the parents of that child shall pay the
reasonable fees and expenses of the attorney unless they are indigent.

3. The parent,
guardian or custodian may be represented by an attorney at all stages of the
proceedings.

4. Each attorney
appointed under the provisions of this section is entitled to the same
compensation and expenses from the county as provided in NRS 7.125 for
attorneys appointed to represent persons charged with crimes.

Sec. 74. NRS 62.128 is
hereby amended to read as follows:

62.128 1. A complaint
alleging that a child is delinquent [, neglected]
or in need of supervision [shall]must be referred to the probation officer of the
appropriate county. The probation officer shall conduct a preliminary inquiry
to determine whether the best interests of the child or of the public require
that a petition be filed. If judicial action appears necessary, the probation
officer may recommend the filing of a petition, but any [such
petition shall]petition must be
prepared and countersigned by the district attorney before it is filed with the
court. [Decision]The decision of the district attorney on whether [or not] to file a petition is final.

2. If the probation officer refuses to
recommend the filing of a petition, the complainant [shall]must be notified by the probation officer of his
right to a review of his complaint by the district attorney. The district
attorney, upon request of the complainant, shall review the facts presented by
the complainant and after consultation with the probation officer shall
prepare, countersign and file the petition with the court when he believes [such]the action
is necessary to protect the community or the interests
of the child.

3. When a child is in detention or
shelter care and the filing of [a]the petition is not approved by the district attorney,
the child [shall]must be immediately released.

4. When a child is in detention or
shelter care, a petition alleging delinquency or need of supervision [shall]must be
dismissed with prejudice if it [was]is not filed within 10 days [from]after the
date the complaint was referred to the probation officer.

5. Upon the filing of [a]the petition,
the judge or the master may place a [minor]child under the supervision of the court pursuant
to a supervision and consent decree without a formal adjudication of
delinquency, upon the recommendation of the probation officer, the written
approval of the district attorney and the written consent and approval of the [minor]child and
his parents or guardian, under the terms and conditions provided for in the
decree. The petition may be dismissed upon successful completion of the terms
and conditions of the supervision and consent decree.

62.130 1. [Except as provided in subsection 2, a petition
initiating court action]A petition
alleging that a child is delinquent or a petition for revocation may be
signed by any person who has knowledge of the facts alleged, or is informed of
them and believes that they are true.

2. A petition alleging that a [minor]child is
in need of supervision may be signed only by:

(a) A representative of a public or private
agency licensed or authorized to provide care or supervision of children;

(b) A representative of a public or private
agency providing social service for families; or

(c) A school [official,]officer, law enforcement officer [,] or probation officer.

3. The district attorney shall prepare
and countersign every petition alleging delinquency [,
neglect] or need of supervision, and shall represent the
petitioner in all proceedings.

4. [Every
petition shall]The petition must be
entitled, In the Matter of ______ ________, a child, and [shall]must be
verified by the person who signs it.

5. [Every
petition shall]The petition must set
forth specifically:

(a) The facts which bring the child within the
jurisdiction of the court as indicated in NRS 62.040, and [in a proper case] the date when
delinquency occurred or need of supervision arose ; [.]

(b) The name, [birth]
date of birth and [residence]
address of the residence of the child ;[.]

(c) The names and [residence
addresses]address of the residence of
his parents, guardian or custodian, and spouse if any. If neither of his
parents, guardian or custodian resides or can be found within the state, or if
their [residence] addresses are
unknown, the petition [shall]must state the name of any known adult relative
residing within the state, or if there is none, the known adult relative
residing nearest to the court [.]; and

(d) Whether the child is in custody, and if so,
the place of detention and the time he was taken into custody.

6. When any of the facts required by
subsection 5 are not known, the petition [shall]must so state.

Sec. 76. NRS 62.140 is
hereby amended to read as follows:

62.140 1. After a petition
has been filed and after such further investigation as the court may direct,
unless the parties named in this section voluntarily appear, the court shall
direct the clerk to issue a summons requiring the person [or persons who have]who has custody or control of the child to appear
personally and bring the child before the court at a time and place stated in
the summons. The summons [shall advise the
parties of their rights to counsel]must
inform the person of the childs right to be represented by an attorney at
the initial hearing, as provided in NRS [62.195.]62.085. A copy of the petition [shall]must be
attached to each summons.

2. If the person so summoned is other
than a parent or guardian of the child, then the parent or guardian , or both [shall], must also be notified , by
a similar summons , of the pendency of the case
and of the time and place . [appointed.]

3. Summons may be issued requiring the
appearance of any other person whose presence, in the opinion of the judge, is
necessary.

4. If it appears that the child is in
such condition or surroundings that his welfare or the public interest or
safety requires that his custody be immediately assumed by the court, the judge
may order, by endorsement upon the summons, that the person serving it [shall at once] deliver the child to the
probation officer in whose custody the child [shall]must remain until the further order of the court.

Sec. 77. NRS 62.170 is
hereby amended to read as follows:

62.170 1. Except as provided
in [subsection 6,]section 67 of this act, any peace officer or probation
officer may take into custody any child who is found violating any law or
ordinance or whose [surroundings are such as to
endanger his welfare.]conduct indicates
that he is a child in need of supervision. When a child is taken into
custody, the officer shall immediately notify the parent, guardian or custodian
of the child, if known, and the probation officer. Unless it is impracticable
or inadvisable or has been otherwise ordered by the court, or is otherwise
provided in this section, the child must be released to the custody of his
parent or other responsible adult who has signed a written agreement to bring
the child to the court at a stated time or at such time as the court may
direct. The written agreement must be submitted to the court as soon as
possible. If [such]this person fails to produce the child as agreed or
upon notice from the court, a writ may be issued for the attachment of the
person or of the child requiring that the person or child, or both of them, be
brought into the court at a time stated in the writ.

2. If the child is not released, as
provided in subsection 1, the child must be taken without unnecessary delay to
the court or to the place of detention designated by the court, and, as soon as
possible thereafter, the fact of detention must be reported to the court.
Pending further disposition of the case the child may be released to the
custody of the parent or other person appointed by the court, or may be
detained in such place as is designated by the court, subject to further order.

3. Except as provided otherwise in this
section a child under 18 years of age must not at any time be confined or
detained in any police station, lockup, jail or prison, or detained in any
place where the child can come into communication with any adult convicted of
crime or under arrest and charged with crime, except that where no other
detention facility has been designated by the court, until the judge or
probation officer can be notified and other arrangements made therefor, the
child may be placed in a jail or other place of detention, but in a place
entirely separated from adults confined therein. Whenever it is possible to do
so, special efforts must be made to keep children who are [neglected or] in need of supervision apart from children
charged with delinquent acts.

[neglected or] in
need of supervision apart from children charged with delinquent acts.

4. A child who is taken into custody and
detained must, upon application, be given a detention hearing, conducted by the
judge or master, within 24 hours after the child submits an application,
excluding Saturdays, Sundays and holidays. A child must not be released after a
detention hearing without the written consent of the judge or master.

5. The [official]officer in charge of any [detention
home]facility for the detention of
juveniles may by written order direct the transfer to the county jail of
a child placed in the [detention home.]facility. The child must not be detained in the
county jail for more than 24 hours unless a district judge orders him [so] detained for a longer period. [Such an]This order
may be made by the judge without notice to the child or anyone on his behalf.
Any child under 18 years of age who is held in the county jail pursuant to the
provisions of this subsection must, where possible, be placed in a cell
separate from adults.

6. [Whenever
any child is halted by a peace officer for any violation of a traffic law or
ordinance which is punishable as a misdemeanor, the peace officer may prepare
and issue a written traffic citation under the same criteria as would apply to
an adult violator. If the child gives his written promise to appear in court by
signing the citation, the officer shall deliver a copy of the citation to the
child and shall not take him into physical custody for the violation.

7.] During the
pendency of a criminal or quasi-criminal charge of murder or attempted murder,
a child may petition the juvenile division for temporary placement in a [juvenile detention facility.]facility for the detention of juveniles.

Sec. 78. NRS 62.193 is
hereby amended to read as follows:

62.193 1. Proceedings [under this chapter against]concerning any child [shall
not be deemed to be]alleged to be
delinquent, in need of supervision or in need of commitment to an institution
for the mentally retarded are not criminal in nature [. Any proceeding under this chapter against a child
shall]and must be heard separately
from the trial of cases against adults, and without a jury. The hearing may be
conducted in an informal manner and may be held at a juvenile detention
facility or elsewhere at the discretion of the judge. Stenographic notes or
other transcript of the hearing [shall be
required only if]are not required unless the
court so orders. The general public [shall]must be excluded and only [such
persons admitted as have ]those persons
having a direct interest in the case [and
as may be]may be admitted, as ordered
by the judge, or, in case of a reference, as [may
be] ordered by the referee.

2. The parties [shall]must be advised of their rights [under law] in their first appearance at
intake and before the court. They [shall]must be informed of the specific allegations in
the petition and given an opportunity to admit or deny [such]those allegations.

3. If the allegations are denied, the
court shall proceed to hear evidence on the petition. The court shall record
its findings on whether [or not the child is a neglected child or if the petition alleges
delinquency or need of supervision, as to whether or not] the acts ascribed to
the child in the petition were committed by him.

not the child is a neglected child or
if the petition alleges delinquency or need of supervision, as to whether or
not] the acts ascribed to the child in the
petition were committed by him. If the court finds that the allegations
in the petition have not been established, it shall dismiss the petition and
order the child discharged from any detention or temporary care theretofore
ordered in the proceedings, unless otherwise ordered by the court.

4. If the court finds on the basis of an
admission or a finding on proof beyond a reasonable doubt, based upon
competent, material and relevant evidence, that a child committed the acts by
reason of which he is alleged to be delinquent, it may, in the absence of
objection, proceed immediately to make a proper disposition of the case.

5. In adjudicatory hearings all relevant
and material evidence helpful in determining the questions presented, including
oral and written reports, may be received by the court and may be relied upon
to the extent of its probative value. The parties or their counsel [shall]must be
afforded an opportunity to examine and controvert written reports so received
and to cross-examine individuals making reports when reasonably available.

6. On its motion or that of a party, the
court may continue the hearings under this section for a reasonable period to
receive reports and other evidence bearing on the disposition. [In this event, the]The court shall make an appropriate order for detention
or temporary care of the child subject to supervision of the court during the
period of the continuance.

7. If the court finds by preponderance of
the evidence that the child is [neglected or]
in need of supervision [,] or is in
need of commitment to an institution for the mentally retarded, the court may
proceed immediately or at a postponed hearing, to make proper disposition of
the case.

Sec. 79. NRS 62.195 is
hereby amended to read as follows:

62.195 1. Upon application
of a party, the clerk of the court shall issue, and the court on its own motion
may issue, subpenas requiring attendance and testimony of witnesses and
production of records, documents or other tangible objects at any hearing.

2. [If a
child is alleged to be delinquent or in need of supervision, the child and his
parents, guardian or custodian shall be advised by the court or its
representative that the child is entitled to be represented by counsel at all
stages of the proceedings. If counsel is not retained for the child, or if it
does not appear that counsel will be retained, counsel shall be appointed for
the child, unless waived. In neglect cases, the parents, guardian or custodian
shall be informed of their right to be represented by counsel.

3. If counsel is
appointed to represent a child pursuant to the provisions of subsection 2 the
parents of that child shall pay the reasonable fees and expenses of the
attorney unless they are indigent.

4.] Criminal
proceedings and other juvenile proceedings based upon the offense alleged in
the petition alleging delinquency or an offense based upon the same conduct [,] are barred [where] if
the court has begun taking evidence of [where the court] has accepted a childs
admission of the facts alleged in the petition.

offense based upon the same conduct [,]
are barred [where]if the court has begun taking evidence of [where the court] has accepted a childs
admission of the facts alleged in the petition. No child may be prosecuted
first as a juvenile and later as an adult, or in two juvenile court hearings
for the same offense.

Sec. 80. NRS 62.197 is
hereby amended to read as follows:

62.197 1. When a child who
is [not delinquent]in need of supervision, mentally ill or mentally retarded has
been placed outside his home by court order or after a petition has been filed [pursuant to NRS 62.128]alleging that a child is in need of supervision and the
court finds the allegations in the petition to be true or a notice of intent to
admit the allegations is filed and the party consents thereto:

(a) The court shall direct that a [predisposition] study and report to the
court be made in writing by a probation officer or another agency authorized by
law, concerning the child, his family, his environment and other matters
relevant to the need for treatment or disposition of the case; and

(b) The agency which is charged with the care
and custody of the child or the agency which has the responsibility for
supervising the placement of the child shall file with the court a [case] plan which includes:

(1) The social history of the child and
his family;

(2) The wishes of the child relating to
his placement;

(3) A statement of the conditions which require
intervention by the court and whether the removal of the child from his home
was a result of a judicial determination that his continuation in the home
would be contrary to his welfare;

(4) A statement of the harm which the
child is likely to suffer as a result of the removal;

(5) A discussion of the efforts made by
the agency to avoid removing the child from his home before it placed him in
foster care;

(6) The special programs available to the
parents, guardian or custodian of the child which might prevent further harm to
the child and the reason that each program is likely to be useful, and the
overall plan of the agency to assure that the services are available;

(7) A description of the type of home or
institution in which the child could be placed, a plan for assuring that the
child would receive proper care and a description of the needs of the child;
and

(8) A description of the efforts made by
the agency to facilitate the return of the child to his home or permanent
placement of the child.

2. Where there are indications that the
child may be mentally ill or mentally retarded, the court may order the child
to be examined at a suitable place by a physician, psychiatrist or psychologist
before a hearing on the merits of the petition. [Such]The examinations made before a hearing or as part of the study provided for in
subsection 1 must be conducted [on an out-patient
basis]without admission to a hospital unless
the court finds that placement in a hospital or other appropriate facility is
necessary.

3. The court, after a hearing, may order an examination
by a physician, psychiatrist or psychologist of a parent or custodian who gives
his consent and whose ability to care for or supervise a child before the court
is at issue.

Sec. 81. NRS 62.211 is
hereby amended to read as follows:

62.211 1. If the court finds
that the child is within the purview of this chapter, it shall so decree and
may : [, by order
duly entered, proceed as follows:]

(a) Place the child under supervision in his own
home or in the custody of a suitable person elsewhere, upon such conditions as
the court may determine.

(b) Commit the child to the custody or to the
guardianship of a public or private institution or agency authorized to care
for children, or place him in a home with a family
. [home.]
In committing a child to a private institution or agency the court shall select
one that is required to be licensed by the department of human resources to
care for such children, or, if [such]the institution or agency is in another state, by
the analogous department of that state. The court shall not commit a female
child to a private institution without prior approval of the superintendent of
the Nevada girls training center, and shall not commit a male child to a
private institution without prior approval of the superintendent of the Nevada
youth training center.

(c) Order such medical, psychiatric, psychologic
or other care and treatment as the court deems to be for the best interests of
the child, except as [herein] otherwise
provided [.]in this section.

(d) Order the parent, guardian, custodian or any
other person to refrain from continuing the conduct [or
neglect] which, in the opinion of the court, has caused or tended
to cause the child to come within or remain under the provisions of this
chapter.

(e) Place the child, when he is not in school,
under the supervision of a public organization to work on public projects. The
person under whose supervision the child is placed shall keep [such]the child
busy and well supervised and shall make such reports to the court as it may
require.

(f) Permit the child to reside in a residence
without the immediate supervision of an adult, or exempt the child from
mandatory [school] attendance at school so that the child may be employed full time,
or both, if the child is at least 16 years of age, has demonstrated the
capacity to benefit from [such]this placement or exemption and is under the strict
supervision of the juvenile division.

(g) Require the child to participate in a
program designed to provide restitution to the victim [or
victims of crimes]of the crime which
the child has committed.

2. At any time, either on its own
volition or for good cause shown, the court may terminate its jurisdiction
concerning the child.

3. [An
adjudication by the court upon the status of any child shall not operate to
impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by
reason of such adjudication, nor shall such adjudication be deemed a
conviction, nor shall any child be charged with crime or convicted in any
court, except as provided in NRS 62.080.

from conviction, nor shall any child
be deemed a criminal by reason of such adjudication, nor shall such
adjudication be deemed a conviction, nor shall any child be charged with crime
or convicted in any court, except as provided in NRS 62.080. This disposition
of a child or any evidence given in the court shall not operate to disqualify
the child in any future civil service application or appointment; nor shall the
name (except as otherwise provided in subsection 4) or race of any such child
in connection with any proceedings under this chapter be published in or
broadcasted or aired by any news medium without a written order of the court.

4. If there have
been two prior adjudications that a child has committed offenses which would be
felonies if committed by an adult, and the child is charged under this chapter
with another such offense, the name of the child and the nature of the charges
against him may be released and made available for publication and broadcast.

5.] Whenever the
court commits a child to any institution or agency pursuant
to this section, it shall transmit [at the
time the child is received at the institution or prior thereto]to the institution or agency a summary of its
information concerning the child. The institution or agency shall give to the
court [such]any information concerning [such]the child as the court may [at any time] require.

Sec. 82. NRS 62.390 is
hereby amended to read as follows:

62.390 1. In carrying out
the objects and purposes of this chapter, the juvenile court may utilize the
services and facilities of the welfare division of the department of human resources
provided by such division pursuant to the provisions of chapter 432 of NRS and sections 2 to 41, inclusive, of this act.

2. The welfare division[is responsible for determining]shall determine the plans, placements and services to
be provided any child pursuant to this chapter and
chapter 432 of NRS and sections 2 to 41,
inclusive, of this act.

Sec. 83. NRS 128.0123 is
hereby amended to read as follows:

128.0123 [Case
plan]Plan means:

1. A written agreement between the
parents of a child who is a ward of the juvenile court pursuant to chapter 62
of NRS and sections 2 to 60, inclusive, of this act and
the agency having custody of the child; or

2. Written conditions and obligations
imposed upon the parents directly by the juvenile court,

which have a primary objective of reuniting the family or,
if the parents neglect or refuse to comply with the terms and conditions of the
case plan, freeing the child for adoption.

Sec. 84. NRS 128.013 is
hereby amended to read as follows:

128.013 1. Injury to a
childs health or welfare occurs when the parent, guardian or custodian:

(a) Inflicts or allows to be inflicted upon the
child, physical, mental or emotional injury, including injuries sustained as a
result of excessive corporal punishment;

(b) Commits or allows to be committed against
the child, sexual abuse as defined in [NRS
200.5011;]section 11 of this act;

(c) Neglects or refuses to provide for the child
proper or necessary subsistence, education or medical or surgical care,
although he is financially able to do so or has been offered financial or other
reasonable means to do so; or

(d) Fails, by specific acts or omissions, to
provide the child with adequate care, supervision or guardianship under
circumstances requiring the intervention of the welfare division of the
department of human resources or a county agency authorized by the juvenile
court to receive and investigate reports of [child
abuse and neglect]abuse or neglect of a
child pursuant to [NRS 200.504,]section 28 of this act, or of the court itself.

2. A childs health or welfare is not
considered injured solely because his parent or guardian, in the practice of
his religious beliefs, selects and depends upon nonmedical remedial treatment
for the child, if such treatment is recognized and permitted under the laws of
this state.

Sec. 85. NRS 128.090 is
hereby amended to read as follows:

128.090 1. At the time
stated in the notice, or at the earliest time thereafter to which the hearing
may be postponed, the court shall proceed to hear the petition.

2. The proceedings are civil in nature
and are governed by the Nevada Rules of Civil Procedure. The court shall in all
cases require the petitioner to establish the facts by clear and convincing
evidence and shall give full and careful consideration to all of the evidence
presented, with [due] regard to the
rights and claims of the parent [or parents]
of the child and to any and all ties of blood or affection, but with a dominant
purpose of serving the best interests of the child.

3. Information contained in a report
filed pursuant to NRS [200.501 to 200.509,
inclusive,]432.100 to 432.130, inclusive,
and sections 2 to 60, inclusive, of this act, may not be excluded from
the proceeding by the invoking of any privilege.

4. In the event of postponement, all
persons served, who are not present or represented in court at the time of the
postponement, must be notified thereof in the manner provided by the Nevada
Rules of Civil Procedure.

Sec. 86. NRS 180.060 is
hereby amended to read as follows:

180.060 1. The state public
defender may, [prior to]before being designated as counsel for that person
pursuant to NRS 171.188, interview an indigent person when he has been arrested
and confined for a public offense or for questioning on suspicion of having
committed a public offense.

2. The state public defender shall, when
designated pursuant to NRS 62.085 or 171.188 or section
44 of this act, and within the limits of available money, represent
without charge each indigent person for whom he is appointed.

3. When representing an indigent person,
the state public defender shall:

(a) Counsel and defend him at every stage of the
proceedings, including revocation of probation or parole; and

(b) Prosecute any appeals or other remedies
before or after conviction that he considers to be in the interests of justice.

4. In cases of post-conviction
proceedings and appeals arising in counties in which the office of public
defender has been created pursuant to the provisions of chapter 260 of NRS,
where the matter is to be presented to the supreme court, the state public
defender shall prepare and present the case and the public defender of the
county shall assist and cooperate with the state public defender.

5. The state public defender may contract
with any county in which the office of public defender has been created to
provide representation for indigent persons when the court, for cause,
disqualifies the county public defender or when the county public defender is
otherwise unable to provide representation.

Sec. 87. NRS 200.180 is
hereby amended to read as follows:

200.180 1. Excusable
homicide by misadventure [is:

(a) When a]occurs when:

(a) A person is
doing a lawful act, without any intention of killing, yet unfortunately kills
another, as where a man is at work with an ax and the head flies off and kills
a bystander; or

(b) [Where a
parent is moderately correcting his child, or a master his pupil, or an]An officer punishing a criminal [, and] happens to occasion death, which
acts of correction are lawful.

2. If [a
parent or master exceeds the bounds of moderation, or] the
officer exceeds the sentence under which he acts,
either in the manner, the instrument, or quantity of punishment, and death [ensue, it will be]ensues, it is manslaughter or murder, according to the
circumstances of the case.

Sec. 88. NRS 200.508 is
hereby amended to read as follows:

200.508 1. Any adult person
who [willfully causes or permits]:

(a) Willfully causes a
child who is less than 18 years of age to suffer unjustifiable physical pain or
mental suffering as a result of abuse or neglect or [who
willfully causes or permits a child] to be placed in a situation
where the child may suffer physical pain or mental suffering as the result of
abuse or neglect ; or

(b) Is responsible for
the safety or welfare of a child and who permits or allows that child to suffer
unjustifiable physical pain or mental suffering as a result of abuse or neglect
or to be placed in a situation where the child may suffer physical pain or
mental suffering as the result of abuse or neglect,

is guilty of a gross misdemeanor unless a more severe
penalty is prescribed by law for an act or omission which brings about the
abuse, neglect or danger.

2. A person who violates any provision of
subsection 1, if substantial bodily or mental harm results to the child, shall
be punished by imprisonment in the state prison for not less than 1 year nor
more than 20 years.

3. As used in this section [, permit]:

(a) Abuse or neglect
means physical or mental injury of a nonaccidental nature, sexual abuse, sexual
exploitation, negligent treatment or maltreatment of a child under the age of
18 years, as set forth in sections 8, 10, 11, 12, 14 and 16 of this act, under
circumstances which indicate that the childs health or welfare is harmed or
threatened with harm.

(b) Allow means to do
nothing to prevent or stop the abuse or neglect of a child in circumstances
where the person knows or has reason to know that the child is abused or
neglected.

(c) Permit means
permission that a reasonable person would not grant and which amounts to a
neglect of responsibility attending the care, custody and control of a minor
child.

Sec. 89. NRS 260.050 is
hereby amended to read as follows:

260.050 1. The public
defender may, [prior to]before being designated as counsel for that person
pursuant to NRS 171.188, interview an indigent person when he has been arrested
and confined for a public offense or for questioning on suspicion of having
committed a public offense.

2. The public defender shall, when
designated pursuant to NRS 62.085 or 171.188 or section
44 of this act, and within the limits of available money, represent
without charge each indigent person for whom he is appointed.

3. When representing an indigent person,
the public defender shall:

(a) Counsel and defend him at every stage of the
proceedings, including revocation of probation or parole; and

(b) Prosecute, subject to the provisions of
subsection 4 of NRS 180.060, any appeals or other remedies before or after
conviction that he considers to be in the interests of justice.

Sec. 90. NRS 392.435 is
hereby amended to read as follows:

392.435 1. Unless excused
because of religious belief or medical condition, a child may not be enrolled
in a public school within this state unless his parents or guardian submit to
the board of trustees of the school district in which the child resides a
certificate [or certificates] stating
that the child has been immunized and has received proper boosters for [such]that immunization
or is complying with the [time limits and]
schedules established by regulation pursuant to NRS 439.550 for the following
diseases:

(g) Such other diseases as the local board of
health or the state board of health may determine.

2. The certificate [or certificates required in subsection 1]
must show that [such required immunization]the required vaccines and boosters were given,
and must bear the signature of the licensed physician or registered nurse who
administered [such]the vaccines or boosters. If records are not available
from a licensed physician or registered nurse, a sworn statement from the
parent or guardian suffices.

3. If the requirements of subsection 1
can be met with one visit to a physician or clinic, procedures for conditional
enrollment do not apply.

4. A child may enter school conditionally
if the parent or guardian submits a certificate from a physician or local
health officer that the child is receiving the required immunizations. If a
certificate from the physician or local health officer showing that the child
has been fully immunized is not submitted to the appropriate school [officials]officers
within 90 school days after the child was conditionally admitted, the
child must be excluded from school and may not be readmitted until the requirements
for immunization have been met. A child who is excluded from school pursuant to
this section is a neglected child for the purposes of NRS [200.501 to 200.508, inclusive.]432.100 to 432.130, inclusive, and sections 2 to 60,
inclusive, of this act.

5. The requirements of subsection 1 are
satisfied if a certificate [or certificates have
been]was filed in a previous year
with any school district or any licensed private school or [child care facility, in the State of Nevada]facility for the care of children in this state indicating
that a pupil has been immunized as required by this section.

6. Before December 31 of each year, each
school district must report to the health division of the department of human
resources, on a form furnished by the division, the exact number of pupils who
have completed the immunizations required by this section.

Sec. 91. NRS 394.192 is
hereby amended to read as follows:

394.192 1. Unless excused
because of religious belief or medical condition, a child may not be enrolled
in a private school within this state unless his parents or guardian submit to
the governing body of [such]the private school a certificate [or certificates] stating that the child
has been immunized and has received proper boosters for [such]that immunization or is complying with the [time limits and] schedules established
by regulation pursuant to NRS 439.550 for the following diseases:

(g) Such other diseases as the local board of
health or the state board of health may determine.

2. The certificate [or certificates required in subsection 1]
must show that [such required immunization]the required vaccines and boosters were given,
and must bear the signature of the licensed physician or registered nurse who
administered [such]the vaccines or boosters. If records are not available
from a licensed physician or registered nurse, a sworn statement from the
parent or guardian suffices.

3. If the requirements of subsection 1
can be met with one visit to a physician or clinic, procedures for conditional
enrollment do not apply.

4. A child may enter school conditionally
if the parent or guardian submits a certificate from a physician or local
health officer that the child is receiving the required immunizations. If a
certificate from the physician or local health officer showing that the child
has been fully immunized is not submitted to the appropriate school officials
within 90 school days after the child was conditionally admitted, the child
must be excluded from school and may not be readmitted until the requirements
for immunization have been met. A child who is excluded from school pursuant to
this section is a neglected child for the purposes of NRS [200.501 to 200.508, inclusive.]432.100 to 432.130, inclusive, and sections 2 to 60,
inclusive, of this act.

5. The requirements of subsection 1 are
satisfied if a certificate [or certificates have
been]was filed in a previous year
with any school district, or any licensed private school or [child care facility, in the State of Nevada]facility for the care of children in this state indicating
that a pupil has been immunized as required by this section.

6. Before December 31 of each year, each
private school must report to the health division of the department of human resources,
on a form furnished by the division, the exact number of pupils who have
completed the immunizations required by this section.

Sec. 92. NRS 435.081 is
hereby amended to read as follows:

435.081 1. The administrator
or his designee may receive a mentally retarded person of the State of Nevada
for services in a facility operated by the division if:

(a) [The person]He is mentally retarded as defined in NRS 433.174
and is in need or institutional training and treatment;

(b) Space is available [in
a facility operated by the division] which is designed and
equipped to provide appropriate care for [the
person;]him;

(c) The facility has or can provide an
appropriate program of training and treatment for [the
person;]him; and

(d) There is written evidence that no less
restrictive alternative is available in [the
persons]his community.

2. A mentally retarded person may be
accepted at a division facility for emergency evaluation when the evaluation is
requested by a court. A person must not be retained pursuant to this subsection
for more than 10 working days.

3. A court may order that a mentally
retarded person be admitted to a division facility if it finds that admission
is necessary because of the death or sudden disability of the parent or
guardian of the person. The person must not be retained pursuant to this
subsection for more than 45 days. Before the expiration of the 45-day period
the division shall report to the court its recommendations for placement or
treatment of the person. If less restrictive alternatives are not available,
the person may be admitted to the facility using the procedures for voluntary
or involuntary admission, as appropriate.

4. A child may be received, cared for and
examined at a division [mental retardation
facility for a period of]facility for the
mentally retarded for not more than 10 working days without admission,
if the examination is ordered by a juvenile court having jurisdiction of the
minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS
62.211 [.]and
subsection 1 of section 55 of this act. At the end of the [10-day period]10
days, the administrator or his designee shall report the result of the
examination to the juvenile court and shall detain the child until the further
order of the court, but not to exceed 7 days after the administrators report.

5. The parent or guardian of a person
believed to be mentally retarded may apply to the administrative officer of a
division facility to have the person evaluated by personnel of the division who
are experienced in the diagnosis of mental retardation. The administrative
officer may accept the person for evaluation without admission.

6. If, after the completion of an
examination or evaluation pursuant to subsection 4 or 5, the administrative
officer finds that the person meets the criteria set forth in subsection 1, the
person may be admitted to the facility using the procedures for voluntary or
involuntary admission, as appropriate.

7. If, at any time, the parent or
guardian of a person admitted to a division facility on a voluntary basis, or
the person himself if he has attained the age of 18 years, requests in writing
that the person be discharged, the administrative officer shall discharge the
person. If the administrative officer finds that discharge from the facility is
not in the persons best interests, he may initiate proceedings for involuntary
admission, but the person must be discharged pending those proceedings.

AN ACT relating to the state plan for
assistance to the medically indigent; extending the state welfare
administrators power to issue subpenas; providing penalties for accepting,
soliciting or offering bribes and rebates and for attempting to obtain public
assistance fraudulently; and providing other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 422.215 is
hereby amended to read as follows:

422.215 1. The administrator
or his designated representative may administer oaths
and take testimony thereunder and issue subpenas requiring the
attendance of witnesses before the welfare division at a designated time and
place [, and further requiring]and the production of books, papers and records
relative to [eligibility]:

(a) Eligibility or
continued eligibility for public assistance [,
and may administer oaths and take testimony thereunder.]; and

(b) Verification of
treatment and payments to a provider of medical care, remedial care or other
services pursuant to the state plan for assistance to the medically indigent.

2. If a witness fails to appear or
refuses to give testimony or to produce books, papers and records as required
by the subpena, the district court of the county in which the investigation is
being conducted may compel the attendance of witnesses, the giving of testimony
and the production of books, papers and records as required by the subpena.

Sec. 2. NRS 422.400 is
hereby amended to read as follows:

422.400 1. A provider of
medical care, remedial care or other services who contracts with the division
pursuant to the state plan for assistance to the medically indigent shall not
knowingly:

(a) Obtain or attempt to obtain by deception any
payment to which he is not entitled.

(b) Apply for or accept any payment to which he
is not entitled.

(c) Accept any payment in an amount greater than
that to which he is entitled.

(d) Falsify any report or document required by
this state or the Federal Government relating to payments for services rendered
and supplies furnished by the provider.

(e) Accept, solicit or
offer any bribe, rebate or other remuneration, whether in money or in kind, in
connection with services rendered or supplies furnished by him.

2. In addition to the penalties
prescribed in chapter 205 of NRS, a provider of medical care, remedial care or
other services who willfully violates the provisions of subsection 1 is liable
for:

(c) Any reasonable expense incurred by the state
in enforcing this section.

3. [The
state welfare administrator may terminate a contract entered into pursuant to
the state plan for assistance to the medically indigent, and refuse to renew it
for at least 5 years upon the conviction of or upon entry of judgment against a
provider of medical care, remedial care or other services or his authorized
agent or officer for any violation of this section.

4.] A provider of
medical care, remedial care or other services who unknowingly accepts a payment
in excess of the amount to which he is entitled is liable for the repayment of
the excess amount. It is a defense to any action brought pursuant to this
section that the provider of health care returned or attempted to return the
amount which was in excess of that to which he was entitled within a reasonable
time after receiving it.

[5.]4. The attorney general shall cause
appropriate legal action to be taken on behalf of the state to enforce the
provisions of this section.

[6.]5. Any penalty collected pursuant to this
section is hereby appropriated to provide medical aid to the indigent through
programs administered by the welfare division.

Sec. 3. NRS 422.410 is
hereby amended to read as follows:

422.410 1. Every person who
knowingly and designedly, by any false pretense, false or misleading statement,
impersonation or misrepresentation, obtains or attempts
to obtain monetary or any other public assistance having a value of $100
or more, whether by one act or a series of acts, with intent to cheat, defraud
or defeat the purposes of this chapter shall be punished by imprisonment in the
state prison for not less than 1 year nor more than 10 years, or by a fine of
not more than $10,000, or by both fine and imprisonment, and be required to
make full restitution of the monetary loss or monetary value of services so
fraudulently obtained, if it can be done.

2. For the purposes of subsection 1,
whenever a recipient of aid to dependent children under the provisions of this
chapter receives an overpayment of benefits for the third time and the
overpayments have resulted from a false statement or representation by the
recipient or from the failure of the recipient to notify the welfare division
of a change in his circumstances which would affect the amount of assistance he
receives, a rebuttable presumption arises that the payment was fraudulently
received.

3. For the purposes of subsection 1,
public assistance includes any money, property, medical or remedial care or
any other service provided pursuant to a state plan.

________

κ1985
Statutes of Nevada, Page 1406κ

CHAPTER 457, SB 335

Senate Bill No. 335Committee
on Judiciary

CHAPTER 457

AN ACT relating to sales of land;
authorizing issuance of permits for partial registration; revising the
requirements for cease and desist orders; increasing certain fees; and
providing other matters properly relating thereto.

[Approved June 3, 1985]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 119 of
NRS is hereby amended by adding thereto a new section to read as follows:

Unless the method of
disposition is adopted to evade the provisions of this chapter or of the
provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701
to 1720, inclusive, if each lot, parcel, interest or unit being offered or
disposed of in any subdivision is at least one-sixteenth of a section as
described by a survey of the government land office, but not less than 35
acres, or 40 acres in area, including roadways and easements, but not more than
80 acres in size, and the developer:

1. Completes an
application in such form and containing such reasonable information as the
division may require;

2. Pays the fees
prescribed in this chapter for a permit for partial registration;

3. Requires the
purchaser or his agent to inspect the land before purchasing it; and

4. Signs an
affirmation which states that the purchaser or his agent has inspected the land
before purchasing it and makes that affirmation a matter of record pursuant to
the regulations of the division,

the developer need only comply with
the provisions of NRS 119.183, 119.184 and 119.230.

Sec. 2. NRS 119.120 is
hereby amended to read as follows:

119.120 The provisions of this chapter do
not apply, unless the method of disposition is adopted [for
the purpose of the evasion of the provisions of this chapter]to evade those provisions or the provisions of the
Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720,
inclusive, upon notification to the division by the person electing to be
exempt under this [subsection,]section, to the making of any offer or disposition of
any subdivision or lot, parcel, unit or interest therein:

1. By a purchaser of any lot, parcel,
interest or unit of a subdivision for his own account in a single or isolated
transaction.

2. If:

(a) Each lot, parcel, interest or unit being
offered or disposed of in any subdivision is more than 80 acres in size;

(b) The purchaser or his agent inspects the land
before purchasing it; and

(c) The developer signs an affirmation which
states that the purchaser or his agent has inspected the land before purchasing
it, and the affirmation is made a matter of record in accordance with
regulations of the division.

For purposes of this subsection, the size of any undivided
interest being offered or disposed of in any subdivision must be computed by
dividing the number of the undivided interests into the area of the
subdivision, exclusive of common or reserved areas, roadways or easements.

3. [If each
lot, parcel, interest or unit being offered or disposed of in any subdivision
is at least:

(a) One-sixteenth of a section
as described by a government land office survey, but not less than 35 acres; or

(b) Forty acres in area,
including roadways and easements,

but not more than 80 acres in size,
so long as the form and content of the advertising to be used is filed and
approved in compliance with NRS 119.184, but the disclosure required by NRS
119.183 must be made. The size of undivided interests must be computed as
provided in subsection 2.

4.] To any person
who is licensed in this state to engage and is engaged in the business of the
construction of residential, commercial or industrial buildings located in this
state for disposition.

[5.]4. By any person who owns the land and is
licensed in the State of Nevada to construct residential buildings if the land
is located in this state and is to include a residential building when
disposition is completed.

[6.]5. Pursuant to the order of any court of
this state.

[7.]6. By any government or governmental
agency.

Sec. 3. NRS 119.122 is
hereby amended to read as follows:

119.122 1. The provisions of
this chapter do not apply, unless the method of disposition is adopted [for the purpose of the evasion of the provisions of
this chapter]to evade those provisions or
the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§
1701 to 1720, inclusive, upon notification to the division by the person
electing to be exempt under this subsection, to:

(a) Any offer or disposition of any evidence of
indebtedness secured by way of any mortgage or deed of trust of real estate.

(b) Securities or units of interest issued by an
investment trust regulated under the laws of this state, except where the
division finds that the enforcement of this chapter with respect to such
securities or units of interest is necessary in the public interest and for the
protection of purchasers.

(c) Cemetery lots.

2. Unless the method of disposition is
adopted [for the purpose of the evasion of]to evade the provisions of this chapter or the
provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701
to 1720, inclusive, this chapter does not apply to the sale or lease of real
estate located in this state which is free and clear of all liens, encumbrances and adverse claims if each purchaser or his agent
has personally inspected the lot before purchase and if the developer executes
a written affirmation to that effect to be made a matter of record in
accordance with regulations of the division.

encumbrances and adverse claims if each purchaser or his
agent has personally inspected the lot before purchase and if the developer
executes a written affirmation to that effect to be made a matter of record in
accordance with regulations of the division. As used in this subsection, the
terms liens, encumbrances and adverse claims are not intended to refer to
purchase money encumbrances nor property reservations which land developers
commonly convey or dedicate to local bodies or public utilities for the purpose
of bringing public services to the land being developed nor to taxes and
assessments which, under applicable state or local law, constitute liens on the
property before they are due . [and payable.]

3. The division may, pursuant to
regulations adopted by it, exempt from any of the provisions of this chapter
any subdivision, if it finds that the enforcement of this chapter with respect
to subdivisions or lots, parcels, units or interests in subdivisions is not
necessary in the public interest and for the protection of purchasers. The division may revoke such an exemption at any time upon
finding that the revocation is necessary for the protection of purchasers.

Sec. 4. NRS 119.130 is
hereby amended to read as follows:

119.130 [Except
as provided in NRS 119.120 and 119.122, no]No subdivision or lot, parcel, unit or interest in any
subdivision may in any way be offered or sold in this state by any person
until:

1. He has appointed in writing the
secretary of state to be his attorney, upon whom all process, in any action or
proceeding against him, may be served, and in this writing he agrees that any
process against him which is served on the secretary of state [shall be]is of
the same legal [force and] validity
as if served on him and that the appointment continues in force as long as any
liability remains outstanding against him in this state. The written
appointment must be acknowledged before some officer authorized to take
acknowledgments of deeds and must be filed in the office of the secretary of
state. Copies certified by the secretary of state are sufficient evidence of
the appointment and agreement.

2. He has received a license under NRS
119.160.

Sec. 5. NRS 119.180 is
hereby amended to read as follows:

119.180 No subdivision or lot, parcel or
unit in any subdivision may be sold:

1. Until the division has approved a
written plan or the methods proposed to be employed for the procurement of
prospective purchasers, the sale to purchasers and the retention of purchasers
after sale. The plan or methods must describe with particularity:

(a) The form and content of advertising to be
used;

(b) The nature of the offer of gifts or other
free benefits to be extended;

(c) The nature of promotional meetings involving
any person or act described in this [paragraph;]subsection;

(d) The contracts, agreements and other papers
to be employed in the sale of the property; and